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May 27, 2003 Agenda
AGENDA CITY OF DENTON CITY COUNCIL May 27, 2003 After determining that a quorum is presem, the City Council will convene in a Work Session on Tuesday, May 27, 2003 at 5:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Receive a report from the Solid Waste Departmem on providing commercial refuse services to businesses, apartments and fourplex living units. Requests for clarification of consem agenda items listed on the consem agenda for today's City Council regular meeting of May 27, 2003. NOTE: The City Council reserves the right to adjourn imo a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended. Regular Meeting of the City of DeNon City Council on Tuesday, May 27, 2003 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, DeNon, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE U.S. Flag Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Resolutions of Appreciation 1. Consider approval of a Resolution of Appreciation for Randy Leavell. C. Recognition of staff accomplishments 3. CITIZEN REPORTS Receive citizen reports from the following: 1. Brandy Wright: closing down Blagg Road. 4. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consem Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consem Agenda (Agenda Items A-S). This listing is provided on the Consem Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consem Agenda. City of DeNon City Council Agenda May 27, 2003 Page 2 If no items are pulled, Consem Agenda Items A-S below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items following approval of the Consem Agenda. mo Consider adoption of an ordinance authorizing the Mayor to execute an interlocal Cooperation Agreemem between the City of DeNon and the City of Corinth for the impoundmem and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement; and providing for an effective date. Consider adoption of an ordinance authorizing the Mayor to execute an interlocal Cooperation Agreemem between the City of DeNon and the City of Aubrey for the impoundmem and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement; and providing for an effective date. Co Consider adoption of an ordinance authorizing the City Manager or his designee to execute Change Order 30 to the contract between the City of Denton and Pharlap Construction, inc.; providing for the expenditure of funds therefor; and providing an effective date (Bid 2791 - Solid Waste Facility Change Order 30 in the amoum of $105,138). Do Consider adoption of an ordinance providing for the expenditure of funds for the emergency purchase of digester cleaning services for the secondary digester at the Pecan Creek Water Reclamation Plant in accordance with provisions of state law exempting such purchases from the requiremem of competitive bidding; and providing an effective date (File 3021 - Emergency Purchase For Digester Cleaning awarded to Liquid Waste Managemem, inc. in the amoum of $27,450). mo Consider adoption of an ordinance awarding a comract for the purchase of EMS Billing Software as awarded by the State of Texas Building and Procuremem Commission through the Qualified information Service Vendor (QiSV) Catalogue Program; providing for the expenditure of funds therefor; and providing an effective date (File 3003 - EMS Billing Software awarded to Pinpoim Technologies, inc. in the not to exceed amoum of $170,150). Fo Consider adoption of an ordinance awarding a comract for the purchase of Personnel Staffing Software for the Fire Department as awarded by the State of Texas Building and Procuremem Commission through the Qualified information Service Vendor (QiSV) Catalogue Program; providing for the expenditure of funds therefor; and providing an effective date (File 3004 - Personnel Staffing Software for the Fire Department awarded to Principal Decision Systems imemational in the amoum of $42,444). Go Consider adoption of an ordinance of the City of DeNon, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of digital self check machines for the City of DeNon public library system from 3M Library Systems, which are available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requiremems of competitive bidding; and City of Denton City Council Agenda May 27, 2003 Page 3 providing an effective date (File 3019 - Digital Self Check Machines for City of Denton Library System awarded to 3M Library Systems in the amount of $92,595). Consider adoption of an ordinance awarding a comract for the purchase of a book theft detection system and accompanying book check out/check in workstations for the North Branch Library as awarded by the State of Texas Building and Procuremem Commission; providing for the expenditure of funds therefor; and providing an effective date (File 3033 - Book Theft Detection System awarded to 3M Library Systems in the amount of $45,726). Consider adoption of an ordinance awarding a comract for the purchase of pesticide services for spraying of mosquitoes; providing for the expenditure of funds therefor; and providing an effective date (Bid 3007 - Pesticide Services for Spraying of Mosquitoes awarded to Adams Exterminating Co., Inc. in the amount of $16.50 per linear mile) Consider adoption of an ordinance of the City of DeNon, Texas authorizing a Confidential Access Line Compensation Agreement with a certified telecommunications provider pursuant to Chapter 283 of the Texas Local Governmem Code; authorizing the City Manager and the City Attorney to act on the City's behalf in executing any and all documems necessary to effect such an Agreement, and to take such other actions deemed necessary to finalize the Agreement; and declaring an effective date. Consider approval of tax refunds for the following property taxes: Tax Name Reason Amount Year i M~rk i~l Ov~ay~nt 200 0B 2. Denton Area Teachers Credit Overpayment 2002 724.13 Union for George Williams 4. Lereta Co~oration for Duplicate Payment 2002 543.69 Kimberly Pope ~a~g~ ~Sfo ~ at~P~nt 200g 6~835 6. Countrywide Home Loans for Duplicate Payment 2002 564.54 Nathan Adair i~ g~ ~Sfo ~iat~P~ nt ~00~ 582~8 8. EMC Mortgage for Millard Overpayment 2002 1,111.89 Thorp ~int~g~ I~ g ~ a ~ ~i~at~ P~nt g00g ggg8 30 10. Shady Oaks Center, Ltd. Duplicate Payment 2002 5,508.37 City of Demon City Council Agenda May 27, 2003 Page 4 Tax Name Reason Amount Year 12. Legacy Monterey Homes LP Supplement change per 2002 606.88 the Appraisal Review Board ~ ~¢nt a ~nt i~ fo ~li at~ P ~ 2002 ~8~ 14. Demon County Title for Thomas Drisdale Duplicate Paymem 2002 666.85 Consider adoption of an ordinance of the City of Demon amending a service agreement between the City of Denton, Texas and REACH, Inc. in the amount of $1,000.00, to provide counseling services for disabled persons; providing for the expenditure of funds therefor; and providing for an effective date. Consider adoption of an ordinance of the City of Demon amending a service agreemem between the City of Demon, Texas and Children's Advocacy Cemer for Demon County in the amoum of $350.00; providing for the expenditure of funds therefor; and providing for an effective date. Consider adoption of an ordinance of the City of Demon amending a service agreemem between the City of Demon, Texas and Cumberland Presbyterian Children's Home in the amoum of $2,000.00; providing for the expenditure of funds therefor; and providing for an effective date. Consider adoption of an ordinance of the City of Demon amending a service agreemem between the City of Demon, Texas and South Ridge Recreation Club in the amoum of $500.00, to provide expenditures for swimming pool fence which is open to the public; providing for the expenditure of funds therefor; and providing for an effective date. Consider adoption of an ordinance of the city of Demon, Texas adopting and approving a uniform Pole Attachment License Agreement for all pole attachment fees and charges and all conduit fees and charges involving poles and conduits owned by the City of Demon, Texas; establishing uniform pole attachmem fees and charges; establishing uniform conduit fees and charges; authorizing the City Manager to execute said agreements; authorizing the expenditure of funds therefor; and providing an effective date. Consider adoption of an ordinance of the City of Demon, Texas authorizing the City Manager to execute a Fourth Amended Contract for Professional Legal Services with the law firm of Dickstein, Shapiro, Morin & Oshinsky, L.L.P. for services supporting Denton Municipal Electric in continued electric generation divestiture issues; authorizing the expenditure of funds therefor; providing for retroactive approval of the agreement; and providing an effective date. Consider adoption of an ordinance of the City of Demon, Texas, authorizing additional expenditures of $332,255.82 associated with the Imerlocal Agreemem between the City of Demon and the Demon Independem School District for the construction of an aquatic center; and providing an effective date. City of DeNon City Council Agenda May 27, 2003 Page 5 So Consider approval of a resolmion by the City of DeNon, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Developmem a 2003 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Developmem Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended and providing for an effective date. 5. PUBLIC HEARINGS mo Hold a public hearing and consider adoption of an ordinance graining approval of a sub-surface use of a portion of the Pebble Brook Open Space Park for the purpose of a mility easemem in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for a mility easemem; and providing an effective date. Bo Hold the second of two public hearings to consider the volumary annexation and service plan for approximately 67.69 acres of land generally located north and east of Teasley Lane (FM 2181), and west of Blue Bonnett, in the southeastern section of the City of DeNon Extraterritorial Jurisdiction (ETJ). (Teasley Lane High School Annexation, .403-0000 6. ITEMS FOR INDIVIDUAL CONSIDERATION mo New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. Bo Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Co Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Do Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of ., 2003 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: May 27, 2003 Solid Waste Department Howard Martin, 349-8232 SUBJECT Receive a report from the Solid Waste Department on providing commercial refuse services to businesses, apartmems, and fourplex living units. BACKGROUND The Solid Waste Department provides commercial collection and disposal services to Denton's businesses, multi-family residences (apartments, fourplexes, boardinghouses, town homes, condominiums, ...), institutions and industries. Scheduled commercial collection service is available six days per week, which excludes Sunday services. A variety of types and sizes of containers are available to support Denton's commercial customer's needs. In addition to scheduled refuse services, DeMon's Solid Waste Departmem provides on demand refuse collection services, bulk item collection service, and on demand brush collection service. DeMon's commercial businesses are also offered the availability of DeMon's many drop off recycling sites, which provides them the opportunity to recycle many types of commercially generated materials through the city's drop off recycling sites located around the city. Curremly the Solid Waste Departmem is involved in a pilot project to provide business recycling to several of Demon's commercial businesses. DeMon's various customer types and quamities by major commercial classifications are included in Table 1, Commercial Customer Comainer Usage. Table 2, Commercial Solid Waste Rate Comparison, provides a comparison of commercial rates from several cities in the surrounding area. EXHIBITS 1. Commercial Customer Container Usage 2. Commercial Solid Waste Rate Comparison and 3 Cubic Yard Monthly Dumpster Rate Respectfully submitted: A. Vance Kemler Director of Solid Waste Commercial Customer Container Usage Front Load Container Customers Side Load Container Customers Cart Customers Roll-Off Container Customers 1,560 707 283 226 Special Note: Fourplex Customers 641 Exhibit I o_~ iiiiiiiiiiiiiiiiiiiiiiiiii 03 iiiiiiiiiiiiiiiiiiiiiiiiii C~I iiiiiiiiiiiiiiiiiiiiiiiiii GO iiii~iiiiii 0'~ iiii~iiiiii ~ iiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiii~iiiiii 3 Cubic Yard Monthly Dumpster Rate $70.00 $60.00 $50.00 $40.00 $30.00 $20.00 $10.00 $0.00 /Week ~Average AGENDA INFORMATION SHEET AGENDA DATE: May 27, 2003 DEPARTMENT: Police ACM: Jon Fortune, Public Safety and Transportation Operations SUBJECT An Ordinance authorizing the Mayor to execute an interlocal cooperation agreement between the City of DeNon and the City of Corinth for the impoundmem and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement; and providing for an effective date. BACKGROUND: The City of DeNon and the City of Corinth have had imerlocal agreemems for the impoundmem and disposition of dogs and cats for the past nine years. This year the agreement has been amended to include provisions for the disposal of dead animals. The animals delivered to the City of DeNon under this agreemem have not caused unmanageable conditions of overcrowding at the Animal Services facility, and it isn't foreseen that the delivery of carcasses will cause an unmanageable burden on the City's Animal Services operation. The agreemem states that the City of Demon will provide the following services to the City of Corinth for the impoundmem and disposition of animals delivered to the City of DeNon from the City of Corinth: (1) The City of DeNon will hold these animals for ninety-six (96) hours if not claimed by an owner. If the owner does not claim the animal within the prescribed ninety-six (96) hours, the animals will be euthanized or made available for adoption. (2) The City of DeNon will accept and hold rabies suspects in quaramine for ten (10) days. (3) The City of DeNon will remove and ship the heads of rabies suspects from rabies testing by the Texas Department of Health. (4) The City of DeNon will accept and dispose of animal carcasses. For these services, the City of Corinth agrees to pay fees set forth in the agreemem as follows: (1) A holding fee in the amoum of fifteen dollars ($15.00) for the first day or part of a day and five dollars ($5.00) for each subsequem day per animal held for reclamation by the owner. (2) A holding fee in the amoum of fifteen dollars ($15.00) for the first day or part of a day and five dollars ($5.00) for each subsequem day per animal held in quaramine as a rabies suspect. (3) Thirty dollars ($30.00) for each animal euthanized. (4) Seventy ($70.00) for each decapitation and shipment. (5) Five ($5.00) for each carcass disposal. OPTIONS 1. The City Council can choose not to renew the interlocal agreement with the City of Corinth. 2. The City Council can approve the ordinance and renew the interlocal agreement. RECOMMENDATION The Department recommends approval of the ordinance and renewal of the interlocal agreement with the City of Corinth. The interlocal agreement provides a valuable service to the citizens of Corinth. The housing and disposal of dogs and cats received from the City of Corinth has not, and is not projected to, create an unmanageable hardship for the City's Animal Services operation. 3. The interlocal agreement is a source of revenue for the City. PRIOR ACTION / REVIEW: The attached interlocal agreement has been reviewed for legal form and content by the City of Denton Legal Department. The agreement has been approved by the Corinth City Council. FISCAL IMPACT: The prescribed fees in the agreement are calculated to recover all costs of all services rendered and, therefore, this agreement does not result in an increase in expenditures. Based on prior years, the agreement will result in an additional $1,600.00 in revenue. Respectfully submitted, Charles Wiley Chief of Police Prepared by: Joanie Housewright Captain, Operations Bureau S:\Our Docmments\Ordinances\03\corinth animal control.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN iNTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor, or in her absence, the Mayor Pro Tem, is hereby authorized to execute an interlocal Cooperation Agreement between the City of Denton and the City of Corinth for the impoundment and disposition of dogs and cats, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said Agreement. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: STATE OF TEXAS § COUNTY OF DENTON § 1NTERLOCAL COOPERATION AGREEMENT WHEREAS, the City of Denton, Texas ("DENTON") and the City of Corinth, Texas ("CORINTH") are both local governments with the authority and power to contract; and WHEREAS, DENTON is engaged in the services of holding and disposing of dogs and cats for the benefit of. the citizens of DENTON; and WHEREAS, DENTON is the owner of certain facilities and equipment designed for the holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such facilities and equipment; and WHEREAS, CORINTH desires to obtain impoundment and disposition services for dogs and cats rendered by DENTON, as more fully hereafter described, for the benefit of the citizens of CORINTH; and WHEREAS, CORINTH and DENTON mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto; and WHEREAS, both DENTON and CORINTH have the authority to perform the services set forth in this Agreement individually in accordance with Texas Government Code §791.01 l(c); and WHEREAS, CORINTH will make alt payments for services out of available current revenues and DENTON agrees that the payments made by CORINTH hereunder will fairly compensate it for the services provided; NOW, THEREFORE, CORINTH and DENTON, for the mutual consideration hereinafter.stated, agree as follows: A. COVENANTS OF THE CITY OF DENTON Holding of Dogs and Cats. DENTON agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of CORINTH under the following terms and conditions: Holding Period for Dogs and Cats. DENTON agrees to hold such dogs and cats for a period of ninety-six (96) hours fi.om the time they are accepted by the Animal Control Center in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal. If the animal is not ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT -- CORnqTI~ PAGE 1 or 5 reclaimed within the ninety-six (96) hour period, the ownership of the animal shall revert to the Animal Control Center. Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control staff. Holding Fees for Impounded Dogs, and Cats. For the purpose of this Agreement, DENTON will charge Fifteen Dollars ($15.00) for the first day or part of a day and Five Dollars ($5.00) for each subsequent day holding fee that an animal is held at the Animal Control Center. In determining the meaning of the term "animal" as used herein, it is agreed that a pregnant animal which has its litter while being held, or an animal which is nursing its litter and is being kept in the same cage, will be considered one animal for the assessment of charges provided for in this Agreement. This fee will be assessed against the owner of the animal at the time the animal is reclaimed. No animal will be released until all applicable fees are paid in full. Holding of Quarantine Animals. DENTON agrees to accept and hold rabid suspects in quarantine for CORINTH when conditions permit, and such action is authorized by a representative of CORINTH. Holding Fees for Quarantined Animals. The holding fee for quarantined animals shall be Fifteen Dollars ($15.00) for the first day or part of a day and Five Dollars ($5.00) for each subsequent day that the animal is held. Head Shipments and Rabies Testing. Upon request of CORINTH, DENTON will provide for the removal and shipment of heads of rabid suspects for clinical rabies testing at the Texas Department of Health. The fee for this service shall be Seventy Dollars ($70.00) for each head shipped. COVENANTS OF THE CITY OF CORINTH Financial Responsibilities. In order to reimburse DENTON for its costs incurred under this Agreement, CORINTH agrees to pay for the holding fees and euthanasia fees on dogs and cats received from CORINTH or its authorized agent if the animal(s) is not reclaimed by the owner. These fees will be assessed on the following basis: Euthanized Animal: Fif[een Dollars ($15.00) for the first day or part of a day and Five Dollars ($5.00) for each subsequent day holding fee for each animal as determined herein, plus Thirty Dollars ($30.00) euthanasia fee. Adopted Animal: Fifteen Dollars ($15.00) for the first day or part of a day and Five Dollars ($5.00) for each subsequent day holding fee for each animal as determined herein. c. Head Shipments: Seventy Dollars ($70.00) shipping fee. ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT -- CORINTH PAGE 2 OF 5 d. Carcass disposal: Five dollars ($5.00). DENTON will collect impound fees duly authorized by CORINTH and as specified in this paragraph from the owners of dogs and cats received from CORINTH. Impound fee monies will be applied to fees owed DENTON by CORINTH for animals not reclaimed by the owner: IMPOUND FEE 1 st Impoundment - $20.00 2nd Impoundment - $30.00 3rd Impoundment - $45.00 4th Impoundment - $70.00 3. CORINTH agrees payment shall be made within forty-five (45) days of receipt of invoice by CORINTH. DENTON agrees to and accepts full responsibihty for the acts, negligence, and/or omissions of all DENTON's employees and agents, DENTON's subcontractors and/or contract laborers doing work under a contract or agreement with DENTON in performance of this Agreement with CORINTH. CORINTH agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all CORINTH's employees and agents, CORINTH's subcontractors and/or contract laborers doing work under a contract or agreement with CORINTH in performance of this Agreement with DENTON. It is further agreed that if claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas. This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this Agreement shall be for the benefit.of the parties hereto. The fact that CORINTH and DENTON accept certain responsibilities relating to the collection and impounding of dogs and cats under this Agreement as part of their responsibility for providing protection for the public health and welfare and, therefore, makes it imperative that the performance of these vital services be recognized as a governmental immunity shall be, and is hereby invoked to the full extent possible under the law. Neither DENTON nor CORINTH waives or shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against the claims arising from the exercise of governmental functions. ANIMAL CONTROL INTERLOCAL COOPERATION AG~ - corn-fl'tH PAGE 3 OF 5 The term of this Agreement shall be for a period of one (1) year, commencing as of February 1, 2003 and ending January 31, 2004. Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on February 1 of each year if CORINTH and DENTON agree in writing on or before the first day of February to a successive term and the mount of consideration to be paid hereunder for each successive term; provided, however, either party may terminate this Agreement upon thirty (30) days written notice to the other. This Agreement represents the entire and integrated agreement between DENTON and CORINTH and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both DENTON and CORINTH. This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. 20 EXECUTED in duplicate originals this the day of CITY OF DENTON, TEXAS BY: EULINEBROCK, MAYOR ANIMAL CONTROL 1NTERLOCAL COOPERATION AGREEMENT PAGE 4 OF 5 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: CITY OF CORINTH, TEXAS MAYOR ATTEST: CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: CITY ATTORNEY BY: ANIMAL CONTKOL INTERLOCAL COOPERATION AGREEMENT - PAGE 5 OF 5 AGENDA INFORMATION SHEET AGENDA DATE: May 27, 2003 DEPARTMENT: Police ACM: Jon Fortune, Public Safety and Transportation Operations SUBJECT An Ordinance authorizing the Mayor to execute an interlocal cooperation agreement between the City of DeNon and the City of Aubrey for the impoundmem and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement; and providing for an effective date. BACKGROUND: The City of DeNon and the City of Aubrey have had imerlocal agreemems for the impoundmem and disposition of dogs and cats for the past five years. This year the agreement has been amended to include provisions for the disposal of dead animals. The animals delivered to the City of DeNon under this agreemem have not caused unmanageable conditions of overcrowding at the Animal Services facility, and it isn't foreseen that the delivery of carcasses will cause an unmanageable burden on the City's Animal Services operation. The agreemem states that the City of Demon will provide the following services to the City of Aubrey for the impoundmem and disposition of animals delivered to the City of DeNon from the City of Aubrey: (1) The City of DeNon will hold these animals for ninety-six (96) hours if not claimed by an owner. If the owner does not claim the animal within the prescribed ninety-six (96) hours, the animals will be euthanized or made available for adoption. (2) The City of DeNon will accept and hold rabies suspects in quaramine for ten (10) days. (3) The City of DeNon will remove and ship the heads of rabies suspects from rabies testing by the Texas Department of Health. (4) The City of DeNon will accept and dispose of animal carcasses. For these services, the City of Aubrey agrees to pay fees set forth in the agreemem as follows: (1) A holding fee in the amoum of fifteen dollars ($15.00) for the first day or part of a day and five dollars ($5.00) for each subsequem day per animal held for reclamation by the owner. (2) A holding fee in the amoum of fifteen dollars ($15.00) for the first day or part of a day and five dollars ($5.00) for each subsequem day per animal held in quaramine as a rabies suspect. (3) (4) (5) OPTIONS Thirty dollars ($30.00) for each animal euthanized. Seventy ($70.00) for each decapitation and shipment. Five ($5.00) for each carcass disposal. The City Council can choose not to renew the interlocal agreement with the City of Aubrey. The City Council can approve the ordinance and renew the interlocal agreement. RECOMMENDATION The Department recommends approval agreement with the City of Aubrey. 1. o of the ordinance and renewal of the interlocal The interlocal agreement provides a valuable service to the citizens of Aubrey. The housing and disposal of dogs and cats received from the City of Aubrey has not, and is not projected to, create an unmanageable hardship for the City's Animal Services operation. The interlocal agreement is a source of revenue for the City. PRIOR ACTION / REVIEW: The attached interlocal agreement has been reviewed for legal form and content by the City of Denton Legal Department. The agreement has been approved by the Aubrey City Council. FISCAL IMPACT: The prescribed fees in the agreement are calculated to recover all costs of all services rendered and, therefore, this agreement does not result in an increase in expenditures. Based on prior years, the agreement will result in no additional revenue. Respectfully submitted, Charles Wiley Chief of Police Prepared by: Joanie Housewright Captain, Operations Bureau S:\Our Docmments\Or dinances\03\aubrey animal control.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN iNTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF AUBREY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor, or in her absence, the Mayor Pro Tem, is hereby authorized to execute an interlocal Cooperation Agreemmt between the City of Denton and the City of Aubrey for the impoundment and disposition of dogs and cats, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said Agreement. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT WHEREAS, the City of Denton, Texas ("DENTON") and the City of Aubrey, Texas ("AUBREY") are both local governments with the authority and power to contract; and WHEREAS, DENTON is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of DENTON; and WHEREAS, DENTON is the owner of certain facilities and equipment designed for the holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such facilities and equipment; and WHEREAS, AUBREY desires to obtain impoundment and disposition services for dogs and cats rendered by DENTON, as more fully hereafter described, for the benefit of the citizens of AUBREY; and WHEREAS, AUBREY and DENTON mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto; and WHEREAS, both DENTON and AUBREY have the authority to perform the services set forth in this Agreement individually in accordance with Texas Government Code §791.01 l(c); and WHEREAS, AUBREY will make all payments for services out of available current revenues and DENTON agrees that the payments made by AUBREY hereunder will fairly compensate it for the services provided; NOW, THEREFORE, AUBREY and DENTON, for the mutual consideration hereinafter stated, agree as follows: A. COVENANTS OF THE CITY OF DENTON Holding of Do..gs and Cats. DENTON agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of AUBREY under the following terms and conditions: Holding Period for Dogs and Cats. DENTON agrees to hold such dogs and cats for a period of ninety-six (96) hours from the time they are accepted by the Animal Control Center in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal. If the animal is not ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT - ~umm¥ PAGE i OF 5 Bo reclaimed within the ninety-six (96) hour period, the ownership of the animal shall revert to the Animal Control Center. Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control staff. Holding Fees for Impounded Dog~ and Cats. For the purpose of this Agreement, DENTON will charge Fifteen Dollars ($15.00) for the first day or part of a day and Five Dollars ($5.00) for each subsequent day holding fee that an animal is held at the Animal Control Center. In determining the meaning of the term "animal" as used herein, it is agreed that a pregnant animal which has its litter while being held, or an animal which is nursing its litter and is being kept in the same cage, will be considered one animal for the assessment of charges provided for in this Agreement. This fee will be assessed against the owner of the atqimal at the time the animal is reclaimed. No animal will be released until all applicable fees are paid in full. Holding of Quarantine Animals. DENTON agrees to accept and hold rabid suspects in quarantine for AUBREY when conditions permit, and such action is authorized by a representative of AUBREY. Holding Fees for Quarantined Animals. The holding fee for quarantined animals shall be Fifteen Dollars ($15.00) for the first day or part of a day and Five Dollars ($5.00) for each subsequent day that the animal is held. Head Shipments and Rabies Testing. Upon request of AUBREY, DENTON will provide for the removal and shipment of heads of rabid suspects for clinical rabies testing at the Texas Department of Health. The fee for this service shall be Seventy Dollars ($70.00) for each head shipped. COVENANTS OF THE CITY OF AUBREY Financial Responsibilities. In order to reimburse DENTON for its costs incurred under this Agreement,. AUBREY agrees to pay for the holding fees and euthanasia fees on dogs and cats received from AUBREY or its authorized agent if the animal(s) is not reclaimed by the owner. These fees will be assessed on the following basis: Euthanized Animal: Fifteen Dollars ($15.00) for the first day or part of a day and Five Dollars ($5.00) for each subsequent day holding fee for each animal as determined herein, plus Thirty Dollars ($30,.00) euthanasia fee. Adopted Animal: Fifteen Dollars ($15.00) for the first day or part of a day and Five Dollars ($5.00) for each subsequent day holding fee for each animal as determined herein. c. Head Shipments: Seventy Dollars ($70.00) shipping fee. ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT - AUBP. EY PA~E 2 OF 5 d. Carcass disposal: Five dollars ($5.00). DENTON will collect impound fees duly authorized by AUBREY and as specified in this paragraph from the owners of dogs and cats received from AUBREY. Impound fee monies will be applied to fees owed DENTON by AUBREY for animals not reclaimed by the owner: IMPOUND FEE 1st Impoundment - $20.00 2nd Impoundment - $30.00 3*a Impoundment - $45.00 4th Impoundment - $70.00 3. AUBREY agrees payment shall be made within forty-five (45) days of receipt of invoice by AUBREY. DENTON agrees to and accepts full responsibihty for the acts, negligence, and/or omissions of all DENTON's employees and agents, DENTON's subcontractors and/or contract laborers doing work under a contract or agreement with DENTON in performance of this Agreement with AUBREY. AUBREY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of ali AUBREY's employees and agents, AUBREY's subcontractors and/or contract laborers doing work under a contract or agreement with AUBREY in performance of this Agreement with DENTON. It is further agreed that if claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas. This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this Agreement shall be for the benefit of the parties hereto. The fact that AUBREY and DENTON accept certain responsibilities relating to the collection and impounding of dogs and cats under this Agreement as part of their responsibility for providing protection for the public health and welfare and, therefore, makes it imperative that the performance of these vital services be recognized as a governmental immunity shall be, and is hereby invoked to the full extent possible under the law. Neither DENTON nor AUBREY waives or shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against the claims arising from the exercise of governmental functions. ANIMAL CONTROL INTF_,RLOCAL COOPERATION AGP-3ZMF_aNT - AUnna¥ PAGE 30t: 5 The term of this Agreement shall be for a period of one (1) year, commencing as of February 1, 2003 and ending January 31, 2004. Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on February 1 of each year if AUBREY and DENTON agree in writing on or before the first day of February to a successive term and the mount of consideration to be paid hereunder for each successive term; provided, however, either party may terminate this Agreement upon thirty (30) days written notice to the other. This Agreement represents the entire and integrated agreement between DENTON and AUBREY and supersedes all prior negotiations, representations, and/or agreements, either written or omi. This Agreement may be amended only by written instrument signed by both DENTON and AUBREY. This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. 20 EXECUTED in duplicate originals this the day of CITY OF DENTON, TEXAS BY: EULINEBROCK, MAYOR ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT - PAGE 4 OF 5 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY CITY OF AUBREY, TEXAS ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM: CITY ATTORNEY BY: ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT -- AUBREY PAGE 5 OF 5 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: May 27, 2003 Materials Management Questions concerning this acquisition may be directed to Vance Kemler 349-8444 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance authorizing the City Manager or his designee to execute change order 30 to the contract between the City of Denton and Pharlap Construction, Inc.; providing for the expenditure of funds therefore; and providing an effective date (Bid 2791- Solid Waste Facility Change Order 30 in the amount of $105,138). CHANGE ORDER INFORMATION Council has approved change orders 1 through 4 in the award amount of $152,263. Change orders 5 through 18 and 21 through 29 in the amount of $84,788.69 were each under the $25,000 limit and approved by the architect and staff. Council awarded change orders 19 and 20 on April 15th in the amount of $25,088. Change order 30 to the contract for construction of the Solid Waste Administration and Maintenance Facility is for the purchase of a 10,000 gallon diesel tank, a 7000/3000 gallon split tank for gasoline and diesel, a 1000 gallon (500/500) split oil tank and four fuel pumps in preparation for construction of a replacement and expanded fueling facility at the landfill. The installation, meeting all federal, state, and local regulations, will be accomplished at a later date and will include utilization of existing fuel monitoring and recording equipment. The contract amount including this change order would be increased to $2,966,756.69. PRIOR ACTION / REVIEW COUNCIL, BOARDS, COMMISSIONS The Public Utility Board approved this item on May 5, 2003. RECOMMENDATION We recommend the approval of change order 30 in the total amount of $105,138 and the contractor will be notified to proceed. PRINCIPAL PLACE OF BUSINESS Pharlap Construction, Inc. Denton TX Agenda Information Sheet May 27, 2003 Page 2 ESTIMATED SCHEDULE OF PROJECT Tank and pump delivery is estimated to be eight weeks after receipt of an order. FISCAL INFORMATION This change order will be funded from Solid Waste Facility Construction 66000200.1360.40100. Bonds account Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Change Order 30 1-AlS-Bid 2971 Change Order 30 Attachment 1 CHANGE ORDER PROJECT: Denton Solid Waste Facility 4829 Foster Road Denton, Texas 76201 TO CONTRACTOR Pharlap Construction, Inc. CHANGE ORDER NUMBER: 30 DATE: 2/19/03 ARCHITECT'S PROJECT NO.: Bid 02971 CONTRACT FOR: $2,610,600.00 CONTRACT DAT~: March 26, 2000 The Contract is chang~l as follows: Add fuel storage tanks as follows: 1.10,000 gal. Die~M tank and accessories as listed in quote #1.27.03-01, page 1 by New Basis Add: $33,870.00 2. 7000/3000 gal. Gas & diesel tank and accessories as listed in quote #1.27.03-02, page I by New Basis Add: $36,190.00 3. 1000 gal (5001500) off tank and accessories as listed per quote 1.27.03-03, page 1 by New Basis Add: $14,870.00 4. Four fuel pumps per quoote (no number) by New Basis Add: $10~650.00 $95,580.00 10% Overhead & Profit $9,558.00 All prices above are subject to additional charges by Pharinp Construction, Inc. for materials, services and equipment required to install Total $105,138.00 NOT VALID UNTIL SIGNED BY THE OWNER, ARCHITECT AND CONTRACTOR The original (Contract Sum) (Guaranteed Maximum Price) was $2,610,600.00 Net change by previously authorized Change Orders $251,018.69 The (Contract Sum) (Guaranteed Maximum Price) prior Io this Change Order was The (Contract Sum) (Guaranteed Maximum Price) will be ~ (decreased) (unchanged) by this Change Order in the amount of The new (Contract Sum) (Ouaranteed Maximum Price) including this Change Order will be $..2.,861,618.69... $105,138.00 $2,966,756.69 unknown The Contract Time will be (unknown) Tile date of Substantial Completion as of thc date of this Change Order therefore is NOTE: THIS SUMMARY DOES NOT RP~LECT CHANGES IN THE CONTRACT SLIM, CONTRACT Tllv~ OR GUARANTEED GUARANTEED MAXIMUM PRIC~ WHIff4 HAVE BEEN AUTHORIZED BY CONSTRUCTION C~IANGE DIRBCTIVE. Hulit-Zollar~ Artlaitects, Inc. Pharlap Conatractto~, Inc. ~CHI~ CON~OR 500 W. ~h ~ S~te ~ 340I E. U~v~i~ Dr. S~ Ft W~ 7~02~ Denton, ~201 Add ~ City of Denton OWNER 901 -la T.~xas ;Str,zt ~ / DATE 'C ONVAU LT ~, Tx ~ QUOTAT[ON (~ ~-T~ To: ;~x (281) 371.o2s3 David Dugger DATE January27. 2003 C~ty of Denton .... oavU.~ ~, ~ci~...~,.~o~ PAGE 1 OF 2 Pmje~: ~DFILL ~ Eld Date: Lo~tio~c DENTON, TX ri'EM O0N~rrn'Y" - C°nVault "' ' U'~J~'~ DEL PRODU~ ~CE COD~ 1 1 10,~ G~ON, UL 20~ LIS~D CONVAULT T~K PRO~C~D ~PE $28,400.00 W~ CONTNN~, IN CHO~E OF PNNTED, ~iNTEN~CE FREE a~NG~ 2 I V P 12000: 8' E~ V~T, ~ X 5~ AT~PH~C V~T WffH ~20,00 INS~ WOOD GAU~ ,STICK, T~K CH~TS, NIPPLES, 3 I 6 STEP G~V~IZED 8T~L STNR WffH P~TF~M &'END CLOSU~S $1,900.00 C.E FREIG ~: ~IG~ ~PROX ~,0~ STAIR ~IGHT $350.00 C.E Remarks: owN~ TO APPROVE TOP DWG PRIOR TO ., ~ TANK F~RICATION CHECK Wi LOCAL FJRE:~I-[ALL' FOR ADD'L REQMT5. NORMAL DELIVERY' tS 8 WEEKS AFTER TOP DVI/G APPROVAL .... NOTE: BE SURE TO iDENTIFYFINISH WiTH YOUR ORDER, SUBMITTED By: DARRELL A. BRADLEY, P.E., for NEWBASJS 5250 F.M. 2855 CONYAU LT r~, TX ??4s*~ QUOTATION (~)~:~AN~ (281) ~1-7~ To: ;~ ~1) 371~2~ Quota ~ 1.27.03-02 David Dugger DATE January 27. 2003 City of Denton Davld. Dufferl~c. ityofd · nto ri.co m PAGE 1 OF 2 Project: LANDFILL a[d Date: Lo~at]~: DENTON, TX We ,'/~tedaf ITE~ I~J~NT try~ Jr · ConVault .......... UNIT,,, 1~'4.'~' PRODUCT PP,ICE CODE 1 I 7000/3000 (10,000 TOTAL) GALLON, UL 2085 LISTED CONVAULT TANK, $30.400.00,a9 C-E PROTECTED TYPE WrrH 8ALLiSTIC$ AND IMPACT RESISTN~r RATINGS, 30-YEAR WARRANTY AGAINST LEAKAGE, .0N-METAIJ. IC SECONDARY CONTAINMENT, IN CHOIC.~ OF SMOOTH WHITE PAINTED, ~ OR BLIZZARD WHITE FIN;SH, TANK TO HAVE ? OALLON LOCKABLE FlU/SPILL CONTAINMENT BUCKETS, 18' MANWAY (7000 Gal Only), AND PLASTIC CAPS FOR ALL NIPPLES, = 1 V P 2000: EMERENCY V~.NT (B' OR4' DEPENDING ON TANi< SIZE, ~X 8' $320.00 tNSTL ATMOSPHF. RIC VENT W[/~ CAP, WOOD GAUGE STICK, TANK CHARTS, NEOPRENE PADS, UFC/NFPA PI~,CKARD$0 AND PLASTIC CAPS FOR ALL NIPPLES, 3 1 V P 12000: 8 ' EMERENCY VENT.Z' X 5'-0" ATMOSPHERIC.VENT WiTH $420, DO INSTL CAP, WOOD GAUGE STICK, TANK CHARTS, NEOPRENE PADS, UFC/NFPA PLACKARDS, AND PLASTIC CAPS FOR ALL NIPPLES, 4 1 SIX STEP PLATFORM STA2R (GALVANIZED), WITH END CLOSURES $1,900,00 C-E FREIGHT VIA COMMON CARRER (Vv'T APPROX 95,000 LBS,) $2,800.00 C-E STAIR FREIGHT iF REQUIRED $350.0D C-E Remarks: CHECK WI LOCAL FIRE MARSHALL FOR ADD'L REQMTS. OWNER TO APPROVE TOP DWG PRIO~R 30; STEEL'TANK FABRICATION NORMAL DELIVERY IS 8 WEEKSAFTER TOP DWG APPROVAL. TERMS; Payment due lOttt prox. following data of ~v~l~o with no reta~nageaUowed, Paymer4tosaglerlsnotcontlngentuponbU~e~'s . receipt et payment from o~ara. Agceptange and p~ffonnan~ of ~d~ con*b"~ct Is sub,[eot to the oontht~l~g ap,p,'oval of'~eller'~ ¢redlt dept. SUBMITTED BY: DARRELL A, BRADLEy, P.E., for Newba$1a (O) P.'tG4e qu~l I~m bawl ~ q~ ~n. 3, CONVAULT QUOTATION David Dugger City of Denton DavklJ~uffur~cityofdenton.co m Date: We P.O, Bax 289 Katy, TX 77492-0289 (800) ea.-TANK (2al) 371-7800 F~x (281) 371-0283 Project: LANDFILL Le~tion: Denton, TX Quote # 1.27.03 -03 DATE January 27. 2003 PAGE 1 OF .2 · i~lo OUN,,q'~' ' ' .................. Co'~Vauit uNrr DEL ITEM PRODUCT PRICE CODE 1 I DS00 _OR E~00 (1000 TOTAL GALLONS)'UL 2085 L1STED coNVAuLT $?;~0,00~. :./~ ~ ~L. TANK, PROTECTED TYPE WITH BALL~?ICS AND IMPACT RESISTANT 0~j~f}~ ? RATINGS, ~..YEAR WARRANTY AGAINST LEAKAGE. NON-METALLiC ~ ~1 FREE EXPOSED AGGREGATE. OR NEW SAHARA SAND OR. BUZZ. ARD ~ ~ wNrrE F1NISN. TANK TO HAVE ONE (1) 7 GALLON LOCKABLE _lL/~'i,~. I~0 11,' FILL/SPILL CQNTAtNMEN? BUCKET, AND PLASTIC CAPS FOR UNUSED NIPPLES. 2 1 o2s0 OR e~.so GAU. ON, UL 2oas USTED CONVAULT TANK, $6,600,00 . C-E PROTECTED TYPE, WITH ,ALUST[C$ AND LMPACT RES,STANT ~ RATiNGS..30-YEAR WARIRA~TY.AGAINST LEAKAGE. NON-METALLIC SECONDARY C~NTAINMENT, ~N CHOICE OF PAINTED. MAINTENANCE f~l' t0 P~AC~U~ROS, AND P~AST~C CAPS FOR aU. NtPPtaS. 4 FRE~eHT ViA COMMON CARRIER (~OYH TANGS SH~P AT 8A~E T~MS) $950,00 ~-E PRODUCT TRANSFER PUMPS AN~ OTHER APPURTENANCES ARE BY OTHERS: OVERFILL PREVENTION PROBABLY REQUIRED. CHECK WITH Remarks: DELIVERY APPROX 6 WEEKS FROM TOP DRAWING APPROVAL HIGH LEVEL ALARM MAY BE R~QU]RED FOROU.. CHECK' ' WITH AHj. No 8tare 8a~e~ Tax b Inrduded in Ihe above SUBMITTED BY: DARRELL A. BRAD ,LEY, P.E., for NawBasis n sis CONVAUIT QUOTATION DISPENSING PACKAGES FOR CONVAULT TANKS 525O F. M. 2~55 Kaly, TX 77493 (soo) ~a~-TANK (28'1) 371-7800 Fax ('ZB1) 371.0283 Quote # 3000 l:0 12000 GALLONS Bid Date: P_ect:roi LANDFILL Location: Denlon We BIO QUANTITY ..... ConVault UNIT -- OEL ITEM PRODUCT PRICE CODE NEWBASiS PACKAGE NO. TP12000D:' STANDARD'~IESEL PUMP $2,200:00 I~STL SERVICE iNCLUDES; SPECIAL DROP MOUNTED DISPENSER BRACKET, 15 OPM FILL4~'E FRTI3 PUMP, FILL-RITE M305 LtL LiS'lED DISPENSER ; 1' DROP TUBE. AUTOMATIC SHUTOFF DIESEL NOZZLE, 3/4' X 12-FT : HOSE, FUEL FILTER-AND ADAPTER, 2' o 5 FT LONG VENT RISER W/CAP,. EMERGENCY VENT, GAUGE STICK, COUPLINGS/PIPING AS REQUIRED, PLACKARDS PER NFPA,'UFC, AND STEEL CAPS FOR UNUSED NIPPLES. NEWBAEIS PACKAGE NO. TP12000D4-1S E=onomy: ~ DIESEL $2.600.00 INSTL PUMP SERVICE INCLUDES: 30 GPM FILL-RITE MS't1 PUMP INSTALLED ON DROP MOUNT, GALLONS ONLY METER, 1' DROP. TUBE, AUTOMATIC SHUTOFF DIESEL NOZZLE, t" X 12-FT HOSE, FUEL FILTER At'lO ADAPTER, 2" - S FT LON~VENT RISER W/CAP, EMERGENCY VENT, C.~UGE STICK, COUPLINGS/PIPING AS REQUIRED, PLACKARDS PER NFPA/UFC, AND STEEL CAPS FOR UNUSED NIPPLES. NEWBAS~5 PACKAGE NO, TPI2000D-HS DeLux: HiGH SPEED DIESEL $3,25O.00 INSTL PUMP SERVICE iNCLUDES: SPECIAL DROP MOUNTED DISPENSER I ~, :~0 GPM FILL-RITE M313 PUMP, FILL-RITE M305 UL LISTED DISPENSER..I' D~OP TUNE, Am'OM~TIC SHUTO~ D~F, SEL NOZZLE. 1" X 12-FT HOSE, FUEL FILTER AND ADAPTER, 2' o S FT LONG VENT RISER WICAP, EMERGENCY VENT, GAUGE STICX., COUPLiNGS/PiPiNG AS REQUIRED, PLACKARDS PER NFPA~FC, AND STEEL CAPS FOR UNUSED NIPPLES. NEWBAStS PACKAGE NO. ?P12000G: STANDARD GASOLINE PUMP $2,700.00 INSTL SERVICE iNCLUDES: DROP MOUNTED DISPENSER BRACKET, 15 GPM '" FILL-RITE M713 PUMP, FILL-RITE M30~ UL LISTED DISPENSER, 4' ALUMINIUM FILL DROP TUBE, AUTOMATIC SHUTOFF UNLEADED NOZZLE, 3/4'X 12-FT HOSE, FUEL FILTER AND ADAPTER, 1" DROP TUaE, 2'. S FT LONG VENT RISER WlCAP, GAUGE STICK, EMERGENCY VENT, BRASS FILL CAP, COUPLINGS AS REQUIRED, PLACKARDS PER . NFPA/UFC, AND CAPS FOR UNUSED NIPPLES. PROylDE.D WITH TP20000 IS; STAGE I VAPOR RECOVERY ~NO POINT CONNECTION FOR ~ASOLINE ON L..~Y- INCLUDES ADDITIONAL 4" NIPPLE LOCATED ADJACENT TO FILL/SPILL CONTAINMENT BUCKET, 3' VAPOR RECOVERY ADAPTER WrrH LOCKABLE TOP FILL CAP, 4' TOP SEAL ADAPTER AND FILL CAP', AND 2' PRESSURE VACCUM VENT CAP. NOT EQUIPPED FOR STAGE ti VAPOR RECOVERY. Remarks: ~::~VE ACCESSORIES WILL ,=IT ANY CONVAULT 3000 TO 12000 GALLONS. MINOR RE-ASSENE~LY MAY BE REQUJREDA¥ FINAL LOCATION. ELECTRICAL WORK NOT INCLUDED ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE CHANGE ORDER 30 TO THE CONTRACT BETWEEN THE CITY OF DENTON AND PHARLAP CONSTRUCTION, INC.; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2791-SOLID WASTE FACILITY CHANGE ORDER 30 IN THE AMOUNT OF $105,138). WHEREAS, on March 26, 2002 by Ordinance No. 2002-079, the City awarded a public works contract to Pharlap Construction, Inc., in the amount of $2,610,600 for the Solid Waste Administration and Maintenance Facility; WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work and an increase in the payment amount, and said change order fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Change Order No. 30 increasing the amount of the contract between the City and Pharlap Construction, Inc., which is on file in the office of the Purchasing Agent, in the amount of One Hundred Five Thousand One Hundred Thirty Eight and 0/100 ($105,138) Dollars, is hereby approved and the expenditure of funds therefore is hereby authorized in accordance with said change order. The total purchase order amount including Change Orders 1-30 increases to $2,966,756.69. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2003 ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD BID 2791 Change Orders 30 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: May 27, 2003 Materials Management Questions concerning this acquisition may be directed to Jim Coulter 349-7194 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance providing for the expenditure of funds for the emergency purchase of digester cleaning services for the Secondary Digester at the Pecan Creek Water Reclamation Plant in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 3021-Emergency Purchase For Digester Cleaning awarded to Liquid Waste Management, Inc. in the amount of $27,450). BID INFORMATION To allow the Contractor to rehab the Secondary Digester, the existing sludge from this digester had to be pumped out to clean out the digester. The pump that is used for pumping sludge from the Secondary Digester unexpectedly malfunctioned and quit pumping. The plant maintenance staff tried to backflush the pump, tried to liquefy the existing sludge in the Secondary Digester to create easier pumping conditions, but to no avail. This non-functioning of the sludge pump was unforeseen and created an emergency. As stated above both digesters are required to stabilize the sludge. With only the Primary Digester on line, odor has been a serious problem at the plant and the surrounding area. The FEMA building had to be evacuated due to odor problems recently when only the Secondary Digester was on line during the rehab of the Primary Digester. Also, only the Primary Digester on line does not provide the required treatment that meets the TCEQ criteria. The odor created by the malfunctioning of the Secondary Digester was so severe that the nearby FEMA building had to be evacuated. The City retained the services of Liquid Waste Management, Inc. to perform this emergency function. Liquid Waste Management, Inc. had pumped the existing sludge from the primary digester and specializes in this service. The pumping cost was $27,450. RECOMMENDATION We recommend approval of this emergency purchase order to Liquid Waste Management, Inc. in the amount of $27,450. PRINCIPAL PLACE OF BUSINESS Liquid Waste Management, Inc. Longmont, Colorado Agenda Information Sheet May 27, 2003 Page 2 ESTIMATED SCHEDULE OF PROJECT This project was completed the week of May 2, 2003. FISCAL INFORMATION This purchase order will be funded from account 64001300.1365.40100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Memo from P.S. Arora Attachment 2: Letter from Liquid Waste Management, Inc. 1-AlS-File 3021 Attachment 1 WATER UTILITIES 901-A Texas Street Denton, TX 76209 (940) 349-8452 Fax (940) 349-7334 MEMORANDUM Date: May 8, 2003 To: Mike Copeland From: P. S. Arora Ref: Facts Surrounding Emergency Purchase for Secondary Digester Cleaning Construction for the expansion of the Pecan Creek Water Reclamation Plant is currently under way. Rehabilitation of the existing Primary and Secondary digesters is part of the plant expansion project. For proper treatment of sludge both the digesters are required to provide the necessary heating and detention time to meet the TCEQ criteria for stabilization of sludge. Therefore, keeping the down time for the rehab of the digesters is critical. The contractor has completed rehab work on the Primary Digester. This was completed at the end of March. To allow the Contractor to rehab the Secondary Digester, the existing sludge from this digester had to be pumped out to clean out the digester. The pump that is used for pumping sludge from the Secondary Digester unexpectedly malfunctioned and quit pumping. The plant maintenance staff tried to backflush the pump, tried to liquefy the existing sludge in the Secondary Digester to create easier pumping conditions, but to no avail. This non- functioning of the sludge pump was unforeseen and created an emergency. As stated above both digesters are required to stabilize the sludge. With only the Primary Digester on line, odor has been a serious problem at the plant and the surrounding area. The FEMA building had to be evacuated due to odor problems recently when only the Secondary Digester was on line during the rehab of the Primary Digester. Also, only the Primary Digester on line does not provide the required treatment that meets the TCEQ criteria. Attachment 2 . ,"1" IT'I l, qu, inc. 2003 Mr. Rusty Willard City of Dcnton i 100 Mayh/ll Road Denton, TX 76208 SENT VIA FAX Re: Digester Cleaning Proposal Dear Mr. Willard: Per your request? the following is our amended Proposal to dean Digester #2 at the City of Denton Waste Water Reclamation Facility. This amended Proposal is sent due to an expected increase in thc volume of digester material to be removed from Digester #2. The original Proposal was dated 8/14/02, and is included for your reference. Digester #2 was expected to contain 686,000 gallons of in-place material prior to removal by LWM. On the basis ofinibrmation provided by you, there actually will be an additional 58,000 gallons of material, for a total in-place volume nf744,000 gallons. Aa a result, our pricing for the cleaning of Digester #2 will be as follows: Digester #2: $27,450 up to 7447000 gallons in-place $.032 per gallon for volumes over 744,000 gallons All other terms and conditions of the Proposal sent 8/14/02 remain the same. As &today, we would be able to complete this job ijn May. However, w~ sdmdute on a first come, first served basis in the order we receive a written con~rmation or Purchase Order. 'Also note that we will be starting a large Project in June that once commenced will preclude us from taking on any additional work until at least September of 2003 We look forward to oncc agmn working with you on your Digester cl~a~fing. Pl~aag tel me know if you have any questions at 1-800-696-6691. Yours truly, P.O, Box 8~8 - 204 So,tls Bowe~ · Lo~g~onT. CO 8050J . t303) 651-7070 ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE EMERGENCY PURCHASE OF DIGESTER CLEANING SERVICES FOR THE SECONDARY DIGESTER AT THE PECAN CREEK WATER RECLAMATION PLANT IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 3021-EMERGENCY PURCHASE FOR DIGESTER CLEANING AWARDED TO LIQUID WASTE MANAGEMENT, INC. IN THE AMOUNT OF $27,450). WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an mount exceeding $25,000 be by competitive bids, except in the case of certain exemptions provided .for in Section 252.022 of the Local Government Code; and WHEREAS, due to unforeseen damage to public machinery it was necessary to make the procurement authorized by this ordinance on an emergency basis as authorized by Section 252.022(3) of the Local Government Code; and WHEREAS, the City Manager has recommended to the City Council that it was necessary to procure these services due to the above stated emergency; and WHEREAS, the City Council finds that this procurement meets the requirements of Section 252.022(3) of the Local Government Code, does not have to be competitively bid, and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The following emergency purchases of materials, equipment, supplies or services, as described in the file number" referenced herein and on file the office of the Purchasing Agent, are hereby ratified and approved: FILE NUMBER 3021 VENDOR Liquid Waste Management, Inc. AMOUNT $27,450.0O SECTION 2. Because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ 3-ORD-File 3021 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET May 27, 2003 Questions concerning this acquisition may be directed Materials Management to Ross Chadwick 349-8101 or Alex Pettit 349-8595 Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance awarding a contract for the purchase of EMS Billing Software as awarded by the State of Texas Building and Procurement Commission through the Qualified information Service Vendor (QiSV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 3003-EMS Billing Software awarded to Pinpoint Technologies, inc. in the not to exceed amount of $170,150). FILE INFORMATION At the current time the MiCU (mobile intensive care units) are not equipped to incorporate computer technology patient care delivery. Our Public Safety Software Vendor (Visionair) recommended Pinpoint Technologies as a primary source of EMS (emergency medical service) software for both service delivery and billing. (Visionair does not provide EMS software). Our current billing vendor Sweet Computers, Amazon Billing, does not provide us a field entry option/integration. The partnership between Visionair and Pinpoint assures a partnership of support and growth. This project also includes specialized tablet computers to record critical patient data at the point of delivery. This comprehensive system is designed to enhance service delivery, assure proper and timely medical service billing, and comply with federal mandates on patient information security. This system brings computer technology to the Mobile Intensive Care Units. RECOMMENDATION We recommend the award of File 3003 to Pinpoint Technologies, Inc. in an amount not to exceed $170,150. The total system price for this software is $162,600. An additional estimated amount of $7,550 for technical support for the remainder of this fiscal year is also included in the license agreement. PRINCIPAL PLACE OF BUSINESS Pinpoint Technologies, Inc. Boulder, Colorado Agenda Information Sheet May 27, 2003 Page 2 ESTIMATED SCHEDULE OF PROJECT It is estimated that software will be delivered within two weeks of issuance of a purchase order; hardware will be delivered within the first four weeks. Training for all of the EMS personnel and billing personnel will require six to ten weeks. Project completion is estimated at 90 days. FISCAL INFORMATION Funding for this software will be provided by Technology Services account 83001500.1350.30100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: QISV Certification Letter 1-AlS- File 3003 Attachment i March 5.2003 Cib' of Denton. rx 601 E Hickou.. Suite E ~ 6~0> Denton, TX" '~ ' Dear Customer: Tho fo~lo~ lng loller gert-es to ensure d~! Pinpoint Technologies. [nc. and City of Denton. equal tmdersmnding of the follm~iug i~sue as it is outside the realm of our general con, act. ~erefbre~ we reques~ once you have read m~d full~ ~ndcrstand th= content of this le~er Sat you sign and date on the line provided bg[ow and ~tu~ il with th~ Hedging a~eement. Standard Raj, merit Tgrn~: The p~O'ment tcrm~ ~we ~ flglhm'a'.fvr Ci(v ~f Dcm~o,. ~' E,tf~ &'o and S~tit~ BtJting .D~tt'm. ~te firrt ~o~mo~t. ~own as the depose, eqt~ to 50% qf the total O'xtem due UPon execution q/'the contr~wr /~vta'e Licens~tg Ag~'emen{L Deployment (n'ainmg mstallation~ dotes c,maot be co~rmed mw~l Pmpoi,t has received the deposit bL~tl ~ong with the si,wwd, original licensing a~eeme,t. A se~vnd pro:me~L eq~t to 25% qf the totaq skxwm cost. i~ due ~'# the time of the fir~t visit b?' a Pit,point Depto?nent Specialixt m CiO' q/Denton. ~'siw. iJ~vme,t, ~'qud to 25% q~'the to&g s}xtem price, is' duc net-3ft d~:~ q/?c, the final dz'pl~vme,t vis'it. Qtta!~' Itff~mation Se~'iee I ?ndor: Pinpoint Techm~logies cer~fies ttu~ the pricing contitined on the e,cqosed sO&~'w'e lk'enaing agreement is at or below &e QISV t~tdog pricin& lfyou have ~y questions regarding this issue, ple~ gatt me at (800) 474~489 x 1806~ Othenvise, ple~e si~ on ~e line provided ~low and return this leper to tne. Sincerel~ ~ / Mar~ Hoyden So~hem~ Regional Manager Name: Date Title: ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF EMS BILLING SOFTWARE AS AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION THROUGH THE QUALIFIED iNFORMATiON SERVICE VENDOR (QiSV) CATALOGUE PROGRAM; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 3003-EMS BiLLiNG SOFTWARE AWARDED TO PINPOINT TECHNOLOGIES, iNC. iN THE NOT TO EXCEED AMOUNT OF $170,150). WHEREAS, the City Council of the City of Denton has heretofore adopted Resolution 92- 019 pursuant to Section 2157.067 of the Texas Government Code and Sections 271.082 and 271.083 of the Texas Local Government Code which authorizes the City to participate in the State Purchasing Building and Procurement Commission Qualified information Service Vendor Catalogue Purchase Method provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the "QiSV Catalogue"); and WHEREAS, the herein described vendor is a qualified vendor in the QiSV Catalogue and the contract authorized by this ordinance is in the best interests of the City and complies with the requirements of Subchapter B of Chapter 2157 of the Texas Government Code as a QiSV Catalogue purchase; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered file for materials, equipment, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 3003 Pinpoint Technologies, inc $170,150 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building and Procurement Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Services Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items set forth in the subject purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: .......... 4-ORD-File 3003 PROFESSIONAL SERVICES AND PURCHASE AGREEMENT FOR PINPOINT TECHNOLOGIES, INC. STATE OF TEXAS § COUNTY OF DENTON § /~ AGREEMENT is made and entered into as of the ~ day of , 2003, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 ?ast McKinney Street, Denton, Denton County, Texas t76201, hereinafter called "OWNER' and Pinpoint Technologies, Inc., a Colorado corporation, located at 1800 38t~ Street, Suite 200, Boulder, CO 80301, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I DEFINITIONS A. Software. The term "Software" shall mean the computer.program in object code only and any user manuals. The term "Software" includes any correction bug fixes, enhancements, updates or other modifications, including custom modifications, to such computer program and user manuals. B. System. The term "System" shall mean all hardware and software provided to CITY by CONTRACTOR under the terms of this Agreement. ARTICLE II EMPLOYMENT OF CONSULTANT OWNER hereby contracts with CONSULTANT, as an independent contractor, and CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. OWNER seeks installation and support of an EMS billing and reporting system employing purchased hardware specified by CONSULTANT. in Exhibit A. The solution is required to meet all functional requirements set forth in Exhibit B. The Project shall include, without limitation, CONTRACTOR's design, component selection, sale, assembly and installation of an automated system to facilitate generation and tracking of EMS reports and billing for the Denton Fire Department ("DFD"), as further Professional Services and Purchase Agreement - Pinpoint Page 1 of 29 described herein. All services, hardware and software provided under the terms of this Agreement are to conform in every respect to Article Iit. ARTICLE IH SCOPE OF SERVICES CONSULTANT shall perform the following services in a professional manner: CONSULTANT shall perform all those services set forth in the proposal attached as Exhibit A, in a manner which accomplishes the functional requirem.en, ts .of. Exhibit B with maximum efficiency and ease of use to the end user, while mm~rmzmg the cost of operation. CONSULTANT shall perform all those services set forth in individual task orders which may hereafter be attached to this Agreement and made a part hereof for all purposes as separate agreements. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. It is the express intention of the parties that the terms of this Agreement shall substitute for and replace the pre-printed terms of the form agreement embedded in Exhibit A. ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT, and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee. ARTICLE V COMPENSATION COMPENSATION TERMS: 1. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services. Professional Services and Purchas¢ Agreement - Pinpoint Page 2 of 29 "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supphes, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein and for the purchase of equipment specified by CONSULTANT, the OWNER agrees to pay a fixed price of One Hundred Sixty-Two Thousand, Six Hundred Dollars ($162,600), plus annual fees as set forth in Exhibit A. Partial payments to the CONTRACTOR will be made on the basis of detailed statements rendered to and approved by the CITY through its City Manager or his designate; however, under no circumstances shall any statement for services exceed the value of the work performed at the time a statement is rendered. The CITY may withhold the final ten percent (10%) of the contract amount until completion of the Project. Nothing contained in this Article shall require the CITY to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designate, or which is not submitted in compliance with the terms of this Agreement. The CITY shall not be required to make any payments to the CONTRACTOR when the CONTRACTOR is in default under this Agreement. It is specifically understood and agreed that the CONTRACTOR shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the CITY for any charge, expense, or reimbursement above the maximum "not to exceed" fee as stated, without first having obtained written authorization from the CITY. The CONTRACTOR shall not proceed to perform the services listed below in Subparagraph B as "Additional Services," without obtaining prior written authorization from the CITY. ADDITIONAL SERVICES: For additional services authorized in writing by CITY, CONTRACTOR shall be paid based on the Schedule of Charges at an hourly rates shown below. Payments for additional services shall be due and payable upon submission by the CONTRACTOR. Statements for additional services shall not be subrnitted more frequently than monthly. Labor rate quotations for basic and conditional additional services are based on standard working hours, Monday-Friday, 8am-5pm. Overtime charges are assessed as applicable. CONTRACTOR's labor rates will be invoiced within the following range: a. Project Director b. Project Designer Professional Services and Purchase Agreement - Pinpoint Page 3 of 29 Project Engineer Project Manager Project Technician Field Service Engineer Field installation Technician 4 This Agreement is based on CONTRACTOR's standard labor rates at the job site location for the Project for an eight (8) hour day, forty (40) hour week, or such shorter work period as may be established, If CITY orders, and authorizes in writing, overtime work, which requires premium pay (I-1/2x standard), CONTRACTOR shall be entitled to add such premium to the Contract Price, plus a fifteen percent (15%) cost for reasonable overhead and profit. ARTICLE VI LICENSE A. Grant of License. CONTRACTOR grants CITY (or, in the case of software created by third parties, transfers to CITY) pursuant to the terms and conditions of this Agreement, a nonexclusive license to use al1 Software. ARTICLE VII TESTING AND ACCEPTANCE A. At its sole option, CITY may elect to subject the System to a series of unit, System and final acceptance testing by CITY personnel prior to acceptance of the System. CITY shall be allowed a minimum thirty (30) day period for acceptance testing. Such acceptance tests shall be conducted in situ upon installation in order to determine whether System performs according to the functions, specifications and descriptions set forth in the proposal and Contract documents. Additionally, such testing may be conducted to ensure that: 1. System can be effectively utilized in CITY's operating business environment; 2. the vahous components of the System operate as specified, and meet ali functional requirements specified in Exhibit B; 3. the System will be capable of functioning without any major impact on the current operating environment; 4. the System is capable of rurming on a variety of data without failure; and 5. the System meets the nmtimes required by CITY. Professional Services and Purchase Agreement - Pinpoint Page 4 of 29 B. CITY's Rights Upon Termination After Failure of Warranty Process. Upon CITY's termination of this Agreement after failure of the acceptance tests, CITY shall promptly remm Software and Hardware to CONTRACTOR and shall have the right to receive prompt reimbursement of all payments made to CONTRACTOR under this Agreement. ARTICLE VIII TRAINING~~,~ ~------~ CONTRACTOR shall provide, during ~.~-~[-./~,,...~_ , ~,a ~__)~ -day training program at no charge to CITY at CITY's site fo~ up employees of CITY. ARTICLE IX OBSERVATION AND REVIEW OF TI-IE WORK CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE X OWNERSHIP OF DOCUMENTS All documents prepared or furnished by CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project. Notwithstanding the above, each party is and shall remain the owner of all right, title and interest in and to such party's proprietary materials, and all copies thereof, and in and to all of the related trade secrets, copyrights, patents and all other proprietary rights. Neither party shall obtain any right or license in and to the other party's · proprietary materials. ARTICLE XII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. Professional Services and Purchase Agreement - Pinpoint Page 5 of 29 ARTICLE XII INDEMNITY AGREEMENT CONSULTANT shall indemnify and save and hold harmless OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by OWNER, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. CONSULTANT shall indemrdfy, defend and hold harmless OWNER from and against any claims, including reasonable legal fees and expenses, based upon infringement of any United States copyright trademark or patent by any Sot'v~are or other System component. OWNER agrees to notify CONSULTANT of any such claim promptly in writing. OWNER agrees to cooperate fully with CONSULTANT during such proceedings. CONSULTANT shall defend and settle at its sole expense alt proceedings arising out of the foregoing, and shall reimburse within thirty (30) days of submittal by OWNER any attorney fees paid by OWNER in defending against such claims. In the event of such infringement, CONSULTANT may replace, in wrote or in part, Software or any other 'System component with a substantially compatible and functionally equivalent product, or modify the Software or System component to avoid the infringement. Nothing in this Agreement shall be construed to create ahability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE XIII WARRANTIES A. Warranty of Title. CONTRACTOR warrants that it holds title and/or copyright to all installed products hcensed and delivered pursuant to this Agreement, or in the event that any licenses to the installed products are held by a third party, that a license sufficient to secure OWNER's expected use of the installed products will be transferred to OWNER. B. CONTRACTOR warrants that its installed products wilt perform free of defects that would prevent the System from operating in the manner described in the Contract documents and any other related user documentation for the version installed. This Warranty shall commence upon date of acceptance by OWNER of the System. C. System Function Warranty.. CONTRACTOR further warrants that the installed system will perform all functions listed within the Functional Requirements attached as Exhibit Professional Services and Purchase Agreement - Pinpoint Page 6 of 29 B, in a manner which maximizes efficiency and ease of use to persons using the system. This Warranty shall commence upon date of acceptance by OWNER of the System. D. Date Calculation Warranty. CONTRACTOR warrants that each installed product delivered under this Agreement shall, as a system, be able to accurately process date data (including, but not limited to, calculating, comparir~g, and sequencing) from, into, and between the twentieth and twenty-first centuries, including leap year calculations, when used in accordance with the product documentation provided by CONTRACTOR, provided that all other interfaces (e.g., hardware, software, firmware) used in combination with such product property exchange date data with it. Notwithstanding any provision to the contrary, the remedies available to OWNER under this warranty shall include repair or replacement of any CONTRACTOR-supplied product whose non-compliance is discovered and made known to CONTRACTOR in writing. Nothing in this warranty shall be construed to limit any fights or remedies OWNER may otherwise have under the Agreement with respect to defects other than Year 2000 performance. ARTICLE XIV iNSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State insurance Commission or any successor agency that has a rating with Best Rate Carders of at least an A- or above: Comprehensive General Liability insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages. The insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior Professional Services and Purchase Agreement - Pinpoint Page 7 of 29 to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. CONTRACTOR hereby waives subrogation rights for loss or damage to the extent same are covered by insurance. Insurers shall have no right of recovery or subrogation against CITY, it being the intention that the insurance policies shall protect all parties to the Agreement and be primary coverage for all iosses covered by the policies; Companies issuing the insurance policies and CONTRACTOR shall have no recourse against CITY for payment of any premiums or assessments for any deductible, as all such premiums and deductibles are the sole responsibility and risk of CONTRACTOR. Approval, disapproval or failure to act by CITY regarding any insurance supplied by CONTRACTOR (or any subcontractors) shall not relieve CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the Contract documents. Neither shall the insolvency or denial of liability by the insurance company exonerate CONTRACTOR from liability. ARTICLE XV ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval. ARTICLE XVI TERMINATION OF AGREEMENT Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days advance written notice to the other party. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be effective unless the other party is given (i) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure; and (2) an oppormn/ty for consultation with the terminating party prior to termination. In the event of CONSULTANT's termination, OWNER shall be entitled to a pro rata refund of any annual payment made in advance. Professional Services and Purchase Agreement - Pinpoint Page 8 of 29 If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of term/nation. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V "Compensation." Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall mm over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XVII RESPONSIBILITY FOR CLAiMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and hability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE XViII NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein: To CONSULTANT: To OWNER: Pinpoint Technologies, Inc. 1800 38th Street, Suite 200 Boulder, CO 803,01_~/ ATTN: ...................... City of Denton City Manager 215 East McK/rmey Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. Professional Services and Purchase Agreement - Pinpoint Page 9 of 29 ARTICLE XIX ENTIRE AGREEMENT This Agreement, consisting of fifteen (15) pages and two exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE XX SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enfomeable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XXI COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE XXII PERSONNEL CONTRACTOR represents that it has or will secure, at its own expense, all personnel required to perform all the services required under th/s Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. CONTRACTOR shall inform the CITY of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. All services required hereunder will be performed by CONTRACTOR or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. Professional Services and Purchase Agreement - Pinpoint Page 10 of 29 ARTICLE XXIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XXIV ASSIGNABILITY CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of OWNER. ARTICLE XXV MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XXVI MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit A Exhibit B Consultant's Sales Proposal (1 page) List of Functional Requirements CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of/ntended audits. Professional Services and Purchase Agreement - Pinpoint Page 11 of 29 Venue of any suit or cause of action under this Agreement shall tie exclusively in Denton County, Texas. This Agreement shall be consUmed in accordance with the laws of the State of Texas. For th~ ~r~ose//.,~ this Agreement, the project manager shall be ~/,~? .~.'*.~f..~/,,~ However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof, tn accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal ail available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions oftkis Agreement. Each party shall be excused from performance under this Agreement, and shall have no liability to the other party or for any period it is prevented from performing any of its obligations, in whole or in part, as a result of delays caused by the other party or by an act of God, war, civil disturbance, court order, third party performance or nonperformance, strikes, work stoppages or other cause beyond its reasonable control, and such nonperformance shall not be a default under this Agreement. Notwithstanding the foregoing, if any of the above-enumerated circumstances prevent, kinder or delay performance of either party's obligations hereunder for more than thirty (30) calendar days, the party not prevented from performing may, at its option, terminate this Agreement without liability or penalty as of a date specified by such party in a written notice of termination to the other party. Remedies. No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy herein by law or equity provided or permitted; but each shall be cumulative or every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. Professional Services and Purchase Agreement - Pinpoint Page 12 of 29 J. Read and Understood. Each party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms. K. Construction of Agreement. Both parties have participated fully in the review and revision of this Agreement. Any role of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. tN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the __ day of ,2003. CITY OF DENTON, TEXAS MICHAEL A. CONDUFF, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PINPOi~T~ECHNDLO ~S.gNC. Professional Services and Purchase Agreement - Pinpoint Page 13 of 29 THE STATE OF ~ § Acknowledgment COUNTY OF ~-~t(~/~~--- § Co/e~' '~f~ BEFORE ME, the undersigned authority, a Notary Public in and for the State of ~a, on this day personally appeared ., known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of of , and as thereof, and for the purposes and consideration therein expressed and in the capacity therein expressed. GiVEN UNDER MY HAND AND SEAL OF OFFICE on this the __ day of ,2003. Notary Pul~li~, State of~ Not~r~'~ Printed ~a~ne My Commission Expires: ~©/~ TIIE STATE OF TEXAS § COUNTY OF DENTON § City Acknowledgment BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared MICHAEL A. CONDUFF, known to me to be the person and officer whose name is subscribed to the foregoing instnnnent, and acknowledged to me that he executed same for and as the act and deed of the CITY OF DENTON, TEXAS, a municipal corporation of the State of Texas, Denton County, Texas, and as the City Manager thereof, and for the purposes and consideration therein expressed and in the capacity therein expressed. t I GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the~ ~:r/~_ day of ,/,-'l~ ,2003. Professional Services and Purchase Agreement - Pinpoint Page 14 of 29 My Commission Expires: Notary Public, State of Texas Notary's Printed Name Professional Services and Purchase Agreement -Pinpoint Page 15 of 29 Exhibit A CONSULTANT's Proposal 1800 3~h $~, ~i~ 200 ~.d 601 E. H~o~, ~ E ~u~, CO ~30i D~ ~ 7~ 303,a0~ .~ 940.~,7Z67 ENI~ Pm ~!t;~ TKanst~m, Exb'a~ and ~ Pm~%,ssk~nal USA Pricin S~rl surc~ob~i ~ above $162,600,06 ~p ~ (~) ~,~o.0o PAY ~ (~) due ~ SUP T~ $~po~ (~ ~r T~ ~m~ Professional Services and Purchase Agreement - Pinpoint Page 16 of 29 Exhibit B Functinoal Requirements EMS PRO Mobile or Remote Software 1. Security · Must have user Iogon with username and password to enter software. · Must have ability to restrict which users can create calls in the software. 2. Pen Enabled and Desktop Usable · Able to use software on Desk-top or Pen Based Computer · Ability to recognize pen input, support hand writing recognition and capture electronic signatures when using appropriate hardware that is recommended/approved by software vendor. 3. Crew/Shill Information · Ability to capture up to 8 shift personnel signatures electronically · Ability to customize the list of crew names and enable/disable them at any time · Ability to capture up to 8 different crew/shift information data elements (fields) and customize their caption and associated pick list. · Ability to define a list of agency names. · Ability to define the list of crew names and 8 customizable crew/shift information fields on a per agency basis. · 17 distinct data elements 4. Creating a call/incident · Ability to create a call based on frequent flyer database that resides on "mobile" computer · Ability to create a call based on any patient that has been documented on the "mobile" computer since the last patient data upload with the "server" computer. ° Ability to accept call/incident information from a mobile data terminal application (MDT) over a serial cable and automatically create a call with the imported information automatically added to the database. 5. Irdtial Response Information · 18 distinct data elements (not counting times, address counted as one) 6. Patient Demographic and Other Information · i7 distinct data elements related to patient information (personal effects and addresses each counted as one) · 8 distinct data elements related to NOK (address counted as one) 7. Patient History Information · 6 categories of data elements captured: Chief Complaint, Past Medical History, Method of Injury, Trauma, Medications Currently Being Taken, and Allergies · For each Patient History Information category, have the ability to create and customize data elements available for data input that can "drill-down" up to 10 levels of information. · Ability to select/input an unlimited number of data items in each category of Patient History Information. · Ability to add further details/comments (up to 254 characters) for every data item selected in the Patient History Information screen. · Counted as 6 distinct data elements Professional Services and Purchase Agreement - Pinpoint Page 17 of 29 Exhibit B Functinoal Requirements 8. Assessment/Exam Information · Ability to define and customize up to 20 different categories (such as body parts) related to assessment information. · Ability to define and customize up to 10 different sub-categories (such as sub body parts) related to each assessment category. · Be able to define an assessment/examination area of the body such as category "Upper Extremity" and sub-category of "Right Hand". · For each area of assessment defined, have the ability to create and customize data elements available for data input that can "drill-dom" up to 10 levels of information. · Ability to select/input an unlimited number of data items in each area of Assessment Information. · Ability to add further details/comments (up to 254 characters) for every data item selected in the Assessment Information screen. · Ability to specify a value that indicates "Within Normal Limits" and also a value that indicates '2qot Assessed" for each assessment area (body part) on the Assessment screen. Software allows user to set either the "Within Normal Limits" or 'Not Assessed" value to each defined assessment area (body part) by click of a single button. · Counted as 20 distinct data elements 9. Diagnosis/Impression Information · 2 categories of data elements captured: Primary and Secondary Diagnoses · For each Diagnosis category, have the ability to create and customize data elements available for data input that can "drill-down" up to 10 levels of information. · For each Diagnosis category, have the ability to limit (or not) the number of data elements selected for data input. If limited, the number of data elements input can be specified. · Ability to add further details/comments (up to 254 characters) for eve/y data item selected in the Diagnosis screen. · Counted as 2 distinct data elements 10. Vital Signs Information · Ability to capture the following vital signs info: BP (be able to indicate Palp and MAST); pulse rate and it's strength and regularity; respiratory rate and effort; breath sounds left and right; GCS; ECG; Ectopics; SPO2; Glucose; LOC; skin color, temperature and moisture; body temperature; left and right arm and leg movements; pupil size, reaction and dilation for each eye. · Ability to customize caption and pick list for 4 general use vital sign fields. · Ability to capture a time for each vital sign and add further details/comments (up to 254 characters) · For a particular patient, have the ability to copy an existing vital sign record to a new vital sign record and then modify as required. · Ability to specify a value that indicates "Within Normal Limits" for each data element on the Vital Signs screen that has an associated pick list. Soft'ware allows user to set the "Within Normal Limits" value to each data element with an associated pick list by click of a single button. · Counted as 37 distinct data elements t I. Treatments Performed Information Professional Services and Purchase Agreement - Pinpoint Page 18 of 29 Exhibit B Functinoal Requirements · Ability to create and customize an unlimited number of treatment procedures available for input. · For each treatment procedure created, have the ability to create and customize an unlimited number of treatment procedure detail items available for input. · For each treatment procedure detail item created, have the ability to create and customize an associated pick list. · For each treatment procedure detail item created, have the ability to specify that a user must enter a value from the associated pick list when the treatment procedure is input. · For each treatment procedure detail item created, have the ability to specify that a user must enter a value when the treatment procedure is input. · Ability to capture a time for each treatment performed and add further details/comments (up to 254 characters) · For a particular patient, have the ability to copy an existing treatment record to a new treatment record and then modify as required. · Counted as one distinct data element 12. BLS/PTA Information · Have the ability to create and customize BLS/PTA data elements available for data input that can "drill-down" up to 10 levels of information. · Have the ability to limit (or not) the number of data elements selected for data input. If limited, the number of data elements input can be specified. · Ability to add further details/comments (up to 254 characters) for every data item selected in the BLS/PTA screen. · Counted as one distinct data element 13. Trauma Score Information · Ability to define and customize up to 4 trauma score screens, plus have the APGAR score screen. · For each trauma score, have the ability to create and customize up to 10 criteria/input items that constitute the scoring scheme. For each criteria/input item of a trauma score scheme created, have ability to create and customize an associated pick list. For each pick list item, allow a score value to be associated with it. · Ability to add further details/comments (up to 254 characters) for every data item selected in a Trauma score screen. · Have the ability to copy existing vital sign record info into a trauma score screen and automatically assign to the appropriate score input item and calculate the item's score value. · Counted as 5 distinct data elements 14. Disclaimers and Electronic Signatures · Ability to create and customize an unlimited number of disclaimer/signature types available for input. · Ability to customize the disclaimer text for each signature type that is created. · Ability to insert data elements that will be captured in other parts of the sof~ware directly into the disclaimer text. These data elements should include the following: patient, NOK or guarantor name; patient address; current date/time; call received date/time; call numbers; receiving facility; crew member names; patient personal effects; location of incident; receiving physician and diagnosis information. Professional Services and Purchase Agreement - Pinpoint Page 19 of 29 Exhibit B Functinoal Requirements · Ability to define an unlimited number of languages available for displaying disclaimer text. · For each signature type, have the ability to customize the disclaimer text in each language that has been defined. · Ability to capture the following information with an electronic signature: signer type and name; up to 2 witness names, electronic signatures and phone numbers; and a reason why a signature could not be provided (if applicable). · Counted as one distinct data element 15. Time Summary Information ·22 distinct times · 2 odometer readings for Return Transport mileage 16. Cai1 Outcome Information · 30 distinct data elements (receiving facility and ER physician address each counted as one, not counting odometer/mileage fields or any time fields) 17. Billing/Insurance Information · Ability to create and custorrdze an unlimited number insurance company/carriers available for input. · For each insurance company/carrier created, have the ability to create and customize up to 8 detail items available for input. · For each insurance company/cartier detail item created, have the ability to create and customize an associated pick l/st. · Ability to add further details/comments (up to 254 characters) for every insurance company/cartier selected in the Billing/Insurance screen. · 15 distinct data elements (insurance company information, employer and guarantor address each counted as one) 18. Charges and Supplies Information · Ability to define and configure a list of charge and supply items · Ability to define and configure a list of charge and supply groups that are comprised of charge and supply items · Ability to assign a charge item/group and/or supply item/group to each of the following configurable data elements: a treatment procedure, each treatment procedure pick list item, call outcome, and call type/level of care. · Ability to setup a separate mileage charge for both response and transport mileage · Counted as 2 distinct data elements (charge and supply) 19. Narrative Information · Ability to capture an unlimited amount of textual information. · Counted as one distinct data element 20. Crew Exposure Information · Ability to capture medic name, time, exposure type, description, indicate whether supervisor was notified, exposure report was completed and whether medic returned to work, and three other fie[ds that are available for configuration. · Counted as 10 distinct data elements 21. Generic Screens that are customizable · Ability to have 3 generic screens that can be customized. · For 2 of the generic screens, have the ability to create and customize data elements available for data input that can "drill-down" up to I0 levels of information. Professional Services and Purchase Agreement - Pinpoint Page 20 of 29 Exhibit B Functinoal Requirements · For the 2 generic screens with "drill-down" capability, have the ability to limit (or not) the number of data elements selected for data input. If limited, the number of data elements input can be specified. · Ability to add further details/comments (up to 254 characters) for every data item selected in the Generic "drill-down" screens. · The 3'¢ generic screen allows for 10 data elements with associated pick lists to be customized. · Counted as 12 distinct data elements 22. Call Summary Information · Ability to see all data elements entered for a patient at all times and have it update automatically every time data is saved to the database. · Ability to customize what entered data is displayed on the call summary information screen. · Ability to define tabs on the call summary screen and choose what entered data appears on each tab. · Ability to display message on any tab of the call summary screen to indicate that data elements have not yet been input by the user. · Ability to double-click on any data element displayed on the call summary screen and the associated screen where the data element is input is automatically displayed. 23. At Patient Side Quick Documentation · Ability to capture Treatment Procedures with time, Event Times and Vital Signs taken time from a single screen by click of a button. · Ability to define call type categories that allow different screens of quick documentation items to be configured. · Ability to define and customize 52 quick documentation items per call type category/screen. 24. Number of data points that can be input · Ability to capture minimum data set defined by NHTSA · Ability to capture 227 distinct data elements (NOTE: the following information was treated as one distinct data element even though multiple values within these elements can be captured in the software: Address info, Treatment Procedures, Diagnosis 1 and 2, Insurance Companies, Miscellaneous 1 and 2 "drill-downs", BLS/PTA Items, each Patient History type, each Assessment Body Part, Charges, Supplies, Disclaimer Signatures, Trauma Scores) · Ability to capture 362 distinct data elements if assume the following number of items selected for specific data element types that were previously counted as one: a. 10 address fields x 5 addresses input (50) b. 5 treatment procedures x 4 qualifiers for each treatment (20) c. 3 secondary diagnoses d. 2 insurance companies x 3 qualifiers for each company (6) e. 5 items in Miscellaneous 1 "drill-down" f. 5 BLS/PTA items g. 3 items in each of the Patient History Categories (Chief Complaint, Past Medical' History, Method of Injury, Trauma, Medications Currently Being Taken, and Allergies) (18) h. 2 assessment body parts with 3 injury descriptions selected (4) Professional Services and Purchase Agreement - Pinpoint Page 21 of 29 Exhibit B Functinoal Requirements i. 5 charges j. 10 supplies k. 3 signatures 1. 6 trauma score data items captured for one Trauma Score · Ability to capture the following address types: incident, patient home, patient mailing, patient NOK, guarantor, billing insurance/payor, employer, receiving facility/hospital, and receiving physician. · Ability to capture the following distinct address fields: location description, unit, block #, prefix, street, street type, street suffix, floor, cross street, city, county, state, zip, country, telephone #1, telephone #2. 25. Call/Incident Transfer · Ability to transfer a patient call/incident from one mobile or remote deslaop computer to another via serial cable or Irda. · Ability to either copy or move the patient call/incident during the transfer. 26. Patient Care Report · Ability to support Patient Care Reports developed with Seagate Crystal Reports software · Ability to print or print preview the patient care report · Ability to print via parallel cable or IrDA · Ability to fax PCR when appropriate faxing software that is recommended/approved by software vendor is installed. 27. Miscellaneous Reports · Report that lists shift information and a summary of all the calls that a crew ran on a shift · Reports that lists all the supplies used for a shift · Ability for software administrator at <Customer> to add as many custom reports designed in Crystal Reports as desired that can be printed from the software 28. Quality Assurance and Data Integrity Validation Tool · Provide QA data integrity or validation tool that wili automatically check ail data entered and prompt user whether all QA rules have been met. If a patient call has met all QA rules then provide user the ability to close or lock out the call from further modification. · Software must evaluate all QA rules every time data is saved to the database and be able to display list of violated QA rules with one button click. · When a violated QA rule is double-clicked, the software must automatically navigate the user to the screen where the data element can be input or modified to satisfy the QA rule. 29. Miscellaneous Features · The software automatically saves data elements to the database every time a new screen is selected/displayed. · Ability to add addendum information to a patient call after ff has been reviewed by medic and locked from further modification. · Ability to add comments information to a patient call. · Spell Checker that uses dictionary with medical terminology · Integrated web browser that allows locally installed web pages to be displayed - this could be used for protocols, announcements, bulletins, phone numbers or any other type of information · Scratch Pad that allows hand drawings to be made and attached to a patient record. Professional Services and Purchase Agreement - Pinpoint Page 22 of 29 Exhibit B Functinoal Requirements Networked Desktop Software 1. Provide exact same user interface and functionality as the "Mobile or Remote Desktop" Software with the exception of any pen-based/character recognition functionality that cannot be supported on desktop computers. 2. Security · Must have user Iogon with username and password to enter sol,are · Must have ability to restrict the following for each user del'reed in the system: searching for calls; printing calls; modifying data elements on a screen-by-screen basis; creating a call in the system; assigning/moving a cai1 to another user in the system. 3. Electronic Tracking and Movement of Calls (Patient Care Reports) · Provide ability to define and customize users and user types within the software. · Provide ability to define and castorrdze a set of distribution rules for each user and user type, · Software must be able to evaluate the user-de£med distribution rules and automatically move calls between users and user types defined within the system. · When a of QA rules defined for a particular user type is satisfied, the software will allow the call to be closed or locked from further editing. · The sof~ware must allow for each user to clear a call from their "inbox" if given that privilege. · The software must allow for each user to move a call from their "inbox" to another user if given that privilege. · The software must automatically move a closed/locked call from a user "inbox" if the user is not given the privileges to do so and route it to the next user based on the distribution rules, 4. Multiple.users can browse the same patient care report concurrently within the '~Networked Desktop Software". Administration Software 1, All configuration capabilities described in the "Mobile or Remote Desktop" Software are performed from the "Administration" sof~ware. 2, Security · Must have user logon with usemame and password to enter "Administration" software 3. Quality Assurance and Data Integrity Validation Tool · All configuration options described below are applied to the '2vlobile or Remote Desktop" Software after performing software synchronization. · Provide set of default QA rules as £ollows: All mileages mast be in order; All return trip mileages must be in order; All times must be in order; All 6mes must be within X minutes of each other where X can be configured; Treatment procedure times must be between At Patient Side Time & At Destination time; Treatment procedure times must be between At Scene Time & At Destination Time; Return End Time must be greater than Return Start Time. · Provide ability to define and customize QA rules and specify the following: the severity (warning or critical) of each rule; the screen to automatically navigate to should the QA rule be double-clicked in the software. Professional Services and Purchase Agreement - Pinpoint Page 23 of 29 Exhibit B Functinoal Requirements · Allow QA rules to be defined on the existence or specific value on roughly 90% of the data elements captured in the software. · Allow QA rules to check for existence of data elements that have or have not been input , Allow QA rules to check for specific values that have or have not been entered for data elements · Allow QA rules to be combined together with AND and OR operators. · Altow multiple QA rules to support parentheses so that rules can be combined together and then evaluated inside or outside of the parentheses in combination with AND and OR operators 4. Electronic Tracking and Movement of Calls (Patient Care Reports) · Provide ability to define and customize users and user types within the software. · Provide ability to defme and customize a set of distribution rules for each user and user type. · Provide ability to define a set of QA rules for each user type. 5. Customizability · Ability to modify the captions for 95% of the data fields, menu items, tabs, and buttons in the "Mobile or Remote Desktop" software. · Ability to enable or disable data fields within a screen in the "Mobile or Remote Desktop" Software. If data fields are disabled then they are not displayed in the sof~vare to the end user. · Ability to move data fields up or down within a screen. · Ability to configure 100% of the data fields in the software that contain pick lists in the "Mobile or Remote Desktop" Software. · Ability to create tabs and their captions and move data elements between tabs for the Initial Response, Patient Information, Outcome, Billing/Insurance, Time Summary, and Vital Signs in the "Mobile or Remote Desktop" Software. 6. Patient Care Report · Ability to support Patient Care Reports developed With Seagate Crystal Reports software · Ability for a software administrator at <Customer> to customize the PCR using Crystal Reports and add other custom PCR's designed in Crystal Reports as desired that can be printed from the software. Data Upload and Software Syncronization Features 1. The Synchronization software must be avaiIable to synchronize "Mobile or Remote Desktop" computers, "Networked" computers and the "Administration" computer with the "Main Database Server" computer. 2. Software databases and synchronization · All patient data collected on mobile or remote desktop databases is uploaded to the "Main Database Server" computer database. · All changes in the "Administration" database are uploaded to the "Main Database Server" computer database. · All patient data collected on ''Networked" computers is saved directly in the "Main Database Server" computer's database. 3. Security Professional Services and Purchase Agreement- Pinpoint Page 24 of 29 Exhibit B Functinoal Requirements · Connection to network that is required for data upload is verified by requiring network credentials as supplied by standard Microsoft Windows Dial Up Networking. 4. Data Upload Features · Support upload via phone line, LAN or direct cable · Automatically create back of patient call data prior to data upload · Compress patient call data prior to upload · Soft,yarc must have different upload options as follows: always allow data uploads; provide warning message before upload if not all calls on the remote computer have been locked/closed; don't allow upload if any calls on the remote computer have not been locked/closed; only upload calls that have been locked/closed and leave the remaining open calls on the remote computer. · Patient data and shiR information is automatically removed from remote database computer after a successful upload. 5. Data Synchronization Features o Synchronization software must automatically update the 'Wlain Database Server" database with any changes done on the "Administration" database. Updates include any changes to data element pick lists, enabling/disabling of data elements, moving of data elements, changes to data element captions, changes to menus, tabs and buttons in the soRware, changes to the frequent flyer database. Synchronization software must automatically update the remote computer's database with any chmages that have been done through the Administration portion of the software that have been successfully applied to the "Main Database Server" database. 6. Patient Care Reports, local web pages (bulletin board pages) Synchronization · Sof~ware must provide ability to prepare new or updated patient care reports "packages" for download from the "Main Database Server" computer to all other computers using the software · Software must provide ability to prepare new or updated local web pages (bulletin board) '~packages" for download from the "Main Database Server" computer to all other computers using the software · Synchronization process must automatically detect that new Patient Care Report or local web page "packages" have been created on the "Main Database Server" computer, download to the "mobile or remote desktop", "administration" or "networked" computer and update the software accordingly. 7. Software Synchronization Features . Synchronization process must automatically detect any software updates and/or upgrades that have been apphed to the "Main Database Server" computer, download to the "mobile or remote desktop", "administration" or "networked" computer and update the sofavare accordingly. Ad-Hoc Reporting Software 1. Provide Administrative, Quality Assurance and Agency Key Indicator reports that allow ad- hoc selection criteria to be entered. 2. Allow ad-hoc selections based on dates for all Quality Assurance and Agency Key Indicator reports. 3. Allow ad-hoc selection of different grouping/sorting on many reports. Professional Services and Purchase Agreement - Pinpoint Page 25 of 29 Exhibit B Functinoal Requirements 4. Provide at least t 5 administrative reports and 20 Quality Assurance Md Agency Key Indicator reports. Data Export Software 1. Software tool that allows data to be exported from the data entry software to 3~ party software/system. 2. Allows users to perform data associations between the pick lists irt the data entry software database and the 3~d party software/system that is being exported to. .... ra ne 3. Allows data associations and data exporting to multtple 3 party sof~are/systems. Onty o tool is required for all data exports. 4. Allows selection of data to be exported from the data entry software database based on the following criteria: call received date range, agency, call number range for up to 3 different call numbers, response code, transport code and call outcome. 5. Software remembers which calls have already been exported from data entry software database and won't re-export unless specified by user. General 1. Ail reports and records generated by the System must fully comply with the mandatory requirements of HIPAA and any other applicable Texas or Federal standards (e.g.,Tex. H&S Code 773.09i, et seq.) Professional Services and Purchase Agreement - Pinpoint Page 26 of 29 Exhibit B Functinoal Requirements Sanitas Billing System Functional Requirements System must operate on any 32-bit Windows operating systems, specifically Windows 2000 or greater System must use an SQL-based Database Management System (e.g., Microsoft SQL) · System should be written in C++ or other high level Object Oriented Language · System should operate on non-proprietary IBM compatible PCs System should support thin client technology (e.g., Microsoft Terminal Server, Citrix) · All applications and components provided as part of the solution must be 32-bit. System must not prohibit the use of other programs on PC stations (e.g., Microsoft Word, WinFax) System should incorporate standard Windows functionality such as menus, button bars and fight-click context menus to perform common functions The system should support multiple displays, and have the ability to center dialogs on a single display such that dialogs are not cut between monitors · Complete audit trail for all transactions, with date, time and user. · Ability to post payments as a batch or individual payments · Electronic remittance advice from Medicare Submit claims electronically to Medicare using National Standard Format, ANSI Format (where available), and also state Medicaid program · Default charges and credits by call type Use ora clearing house for submission of claims (e.g.,NEIC) Ability to interface with field data collection devices (e.g., EMS Pro) · Unlimited payors per customer · Internal set up and tracking of HCPCS and ICD-9 codes Ability to set an effective date for HCPCS codes · User definable schedules by payor (e.g., Medicare, Medicaid, Private, Insurance) User def'mable collection process, with ability to generate all appropriate letters and notices · Verification process for payor specific requirements as a pre-bilJing process Ability to classify clients in groups, set expiration dates, and ability to report on groups (e.g.,t-IMOs members, Nursing home patients) · Security defined for each user, by system administrator · Allow for transfer of data using comma delimited ASCII files(e.g., transfer of patient data to collection agency) Ability to store physicians U-PIN, insurance and license information Ability to print invoices by zip code, payor, or user preference System should provide for permanent address, and a temporary address for patient Record treating physician and referring physician Ability to set up time payment accounts Ability to Monitor employee productivity through reports · System must provide end of period reports, and ability to reproduce reports at user discretion Ability to assign accounts to users by payor for collection · Document scanning ability (e.g., run reports, Medicare signatures) Professional Services and Purchase Agreement - Pinpoint Page 27 of 29 Exhibit B Functinoal Requirements · System be capable of storing charges and credits with effective dates, and system capable of using correct data by date of service (e.g., IIC increase from Medicare) · Ability to automatically write off account balances as defined by payor, once account reaches predefined balance · System be capable to mn reports automatically at user discretion without additional licensing · System be capable of storing certification number (e.g., Medicaid approval number for non- emergency trips) · Quick reference for last service date and last statement date · Ability to accept assignment by payor or individual account · Default schedules by payor (e.g. Medicare, Medicaid) System identify user for duplicate social numbers and payors · Ability to easily modify/edit a customer or trip by user · System have capability of tracking if patient admitted by trip · User have ability to bill for multiple companies · System have ability to track deductibles that were applied towards a payment · Credits, ability to track check number, check date, receipt number, and deposit date when posting payments · Ability for all users to view a summary screen, with user-defined filters to indicate outstanding work processes which need to be completed. This process should include the ability to "drilt down" from the summary screen to the data, without requiring printed reports. · The system must have the ability to post denial reasons and allow reporting on that data to determine denial trends. The billing program must have the following user features: · Post credits by line item charge · Allow for single print of bills and receipts on demand Ability to edit tine item charges · Quick reference of patient status, number of trips, balance of each trip · Ability for accounts to automatically go to collection schedule for review · Ability to reference contact name and phone number by payor · Ability to print invoices by zip code, payor, or user preference · Aging of accounts by user preference (e.g., trip date, pay date, bill date) · Default notes for ease of data entry (e.g., patient bedridden) Ability to recall a batch and reproduce if necessary (e.g., Batch not received by Medicare, printer jam) ' · System should automatically update a customer's record with new payor information, when adding a payor to an individual trip. · Ability to search for patient by name, payor, social security number, call number, date of service, responsible party, legal representative · On line help with search capabilities · Ability to schedule phone calls by user for collection, information purposes · User definable charges, credits and adjustments Professional Services and Purchase Agreement - Pinpoint Page 28 of 29 Exhibit B Functinoal Requirements · Ability to record and report on statistical information (e.g., procedures, medications, patient history User have choice of forms for use (e.g., private bills, self mailers and invoices) System provides area for call notes and collection notes. System automatically provides date, time and user when entering notes · System provide facility name, departments and callers (e.g., Methodist Hospital, Surgical Floor, Jane Smith, Social Worker) Credits, ability to track check number, check date, receipt number, and deposit date when posting payments · Ability to print forms by payor, date range and ability to test a form prior to printing a batch · Post credits by line item charge Track total charges, expected amounts and cost amounts for full billing and reporting of these items · The status of the trip (e.g., billed, collections, not billed, etc.) should be automatically updated as scheduled events occur. This status should be able to be viewed easily from the main billing screen of the trip. · The system must support the ability to track multiple profit centers within a single company (e.g. BLS, ALS, Aircraft, Wheelchair, etc.) Reporting The system should allo~v for ad-hoc reporting with the following features: · Interface with a standard Windows reporting package (e.g., Crystal Reports) · Provide a data dictionary for database fields so that users need not know the field and tables layout to report on data elements · Allow for the cloning of standard reports for use as report templates · Allow for the capture of report scripts for automated report launching · All reports must fully comply with the mandatory requirements of HIPAA and any other applicable Texas or Federal standards (e.g.,Tex. H&S Code 773.091, et seq.) Professional Services and Purchase Agreement - Pinpoint Page 29 of 29 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET May 27, 2003 Questions concerning this acquisition may be directed Materials Management to Ross Chadwick 349-8101 or Alex Pettit 349-8595 Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance awarding a contract for the purchase of Personnel Staffing Software for the Fire Department as awarded by the State of Texas Building and Procurement Commission through the Qualified information Service Vendor (QiSV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 3004- Personnel Staffing Software for the Fire Department awarded to Principal Decision Systems international in the amount of $42,444). FILE INFORMATION TeleStaff is a comprehensive staffing solution that incorporates all the critical components involved with the staffing complexities of a Fire Department. Its software application takes into consideration all aspects of personnel status, from type and level of certification to seniority that must be incorporated when developing Fire Department staffing schedules. This computerized system will help assure complete and comprehensive staffing schedules are maintained in a much quicker and more efficient manner than the current labor intensive manual process. This software application will computerize the entire staffing process and assure that proper manpower levels of qualified personnel are available, in addition, it will provide an up-to-the- minute accounting of overtime expenditures, sick leave use, and other related data on demand. Addition of this technology will also help increase support staff efficiency by computerizing a very manual process. RECOMMENDATION We recommend the award of this contract to Principal Decision Systems International in an amount not to exceed $42,444. PRINCIPAL PLACE OF BUSINESS Principal Decision Systems international Orange, California Agenda Information Sheet May 27, 2003 Page 2 ESTIMATED SCHEDULE OF PROJECT It is estimated that software will be delivered within two weeks of issuance of a purchase order; hardware will be delivered within that same time period. Installation and training is projected to be complete within four weeks and full implementation in less than 60 days. FISCAL INFORMATION This project will be funded from Technology Services account 83001600.1350.30100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: QISV Certification Letter 1-AlS- File 3004 Principal Decision Systems International Attachment 1 Friday, February 28, 2003 Timothy Smith Assistant to the Chief for Information Technology Denton Police Department 601 E. Hickory St., Suite E Denton, TX 76205 Dear Mr. Smith, Let this letter confirm that the prices quoted as part of the City of Denton's Purchase are equal to the advertised catalog pricing generated for QISV. ' .... Greg Ekstrom President 625 The C~y Drive South, Suite 190 · Orange, California 92868 (800) 850-7374 * Fax (714) 703-2970 ORDINANCE NO. CONSIDER ADOPTION OF AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF PERSONNEL STAFFING SOFTWARE FOR THE FIRE DEPARTMENT AS AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION THROUGH THE QUALIFIED INFORMATION SERVICE VENDOR (QISV) CATALOGUE PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 3004-PERSONNEL STAFFING SOFTWARE FOR THE FIRE DEPARTMENT AWARDED TO PRINCIPAL DECISION SYSTEMS INTERNATIONAL IN THE AMOUNT OF $42,444). WHEREAS, the City Council of the City of Denton has heretofore adopted Resolution 92- 019 pursuant to Section 2157.067 of the Texas Government Code and Sections 271.082 and 271.083 of the Texas Local Government Code which authorizes the City to participate in the State Purchasing Building and Procurement Commission Qualified Information Service Vendor Catalogue Purchase Method provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the "QISV Catalogue"); and WHEREAS, the herein described vendor is a qualified vendor in the QISV Catalogue and the contract authorized by this ordinance is in the best interests of the City and complies with the requirements of Subchapter B of Chapter 2157 of the Texas Government Code as a QISV Catalogue purchase; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered file for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 3004 Principal Decision Systems $42,444 International SECTION 2. By the acceptance and approval of the above numbered items set forth in the file number, the City accepts the offer of the persons submitting the bids to the Building and Procurement Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Services Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items set forth in the subject purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 4-Oral-File 3004 PROFESSIONAL SERVICES AND PURCHASE AGREEMENT FOR PRINCIPAL DECISION SYSTEMS INTERNATIONAL, INC. (PDSi) STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the day of ., 2003, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 2!5 East McKinney Street, Denton, Denton Count', Texas 76201, hereinafter called "OWNER" or "CUSTOMER" and Principal Decision Systems International., a California corporation, hereinafter called "CONSULTANT" or "PDSI", acting herein, by and throu~ their duly authorized representatives. WlTNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I DEFINITIONS A. Software. The term "Sof~ware" shall mean the computer program in object code only and any user manuals. The term "Software" includes any correction bug fixes, enhancements, updates or other modifications, including custom modifications, to such compUter program and user manuals. B. System. The term "System" shall mean all hardware and software provided to-- CITY by CONTRACTOR under the terms of this Agreement. ARTICLE II EMPLOYMENT OF CONSULTANT OWNER hereby contracts with CONSULTANT, as an independent contractor, and CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. CONSULTANT shall specify, install and maintain a software and hardware based solution to facilitate and automate the staffing of OWNER's Denton Fire Department ("DFD,), utilizing the equipment specified by CONSULTANT in Attachment 2 (including appendices). The solution is required to meet all functional requirements set forth in Attachment 1. The Project shall include, without hmitation, CONTRACTOR's design, component selection, sale, assembly and installation of an automated system to facilitate employee staffing and management at the Denton Fire Department. All services, hardware and software provided under the terms of this Agreement are to conform in every respect to Article IH. Professional Services And Purchase Agreement-. (PDS1) Page 1 of 32 ARTICLE iii SCOPE OF SERVICES CONSULTANT shall perform the following services in a professional manner: CONSULTANT shall perform all those services set forth in the proposal attached as Attachment 2, in a manner which accomphshes the functional requirements of Attachment 1, with maximum efficiency and ease of use to the end user, while minimizing the cost of operation. CONSULTANT shall perform ali those services set forth in individual task orders which shall be attached to this Agreement and made a part hereof for all purposes as separate agreements. If there is any conflict between the terms of this Agreement and the attachments attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached attachments or task orders.. ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT, and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee. ARTICLE V COMPENSATION A. COMPENSATION TERMS: "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside frans for services. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and s/milar incidental expenses in connection with that assignment. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein and for the purchase of equipment specified by Professional Services And Purchase Agreement -. (PDSI) Page 2 of 32 CONSULTANT, the OWNER agrees to pay a fixed price o£ Forty-Two Thousand, Four Hundred Forty-Four Dollars ($42,444). Partial payments to the CONTRACTOR will be made on the basis of detailed statements rendered to and approved by the CITY through its City Manager or his designate; however, under no circumstances shall any statement for services exceed the value of the work performed at the time a statement is rendered. The CITY may withhold the final ten percent (10%) of the contract amount until completion of the Project. Nothing contained in this Article shall require the CITY to pay for any work which is un, satisfactory, as re~onably determined by the City Manager or his designate, or which is not submitted in compliance with the terms of this Agreement. The CITY shall not be required to make any payments to the CONTRACTOR when the CONTRACTOR is in default under this Agreement. It is specifically understood and agreed that the CONTRACTOR shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the CITY for any charge, expense, or reimbursement above the maximum "not to exceed" fee as stated, without first having obtained written authorization from the CITY. The CONTRACTOR shall not proceed to perform the services listed below in Subparagraph B as "Additional Services," without obtaining prior written authorization from the CITY. ADDITIONAL SERVICES: For additional services authorized in writing by CITY, CONTRACTOR shall be paid based on the Schedule of Charges at an hourly rates shown below. Payments for additional services shall be due and payable upon submission by the CONTRACTOR. Statements for additional services Shall not be submitted more frequently than monthly. Labor rate quotations for basic and conditional additional services are based on standard working hours, Monday-Friday, 8am-5pm. Overtime charges are assessed as applicable. CONTRACTOR's labor rates will be invoiced within the following range: a. Project Director Project Designer c. Project Engineer d. Project Manager e. Project Technician f. Field Service Engineer g. Field Installation Technician o This Agreement is based on CONTI~CTOR's standard labor rates at the job site location for the Project for an eight (8) hour day, forty (40) hour week, or such shorter work period as may be established. If CITY orders, and authorizes in Professional Services And Purchase Agreement-. (PDSI) Page 3 of 32 writing, overtime work, which requires premium pay (1-1/2x standard), CONTRACTOR shall be entitled to add such prero2um to the Contract Price, plus a fifteen percent (15%) cost for reasonable overhead and profit. ARTICLE VI LICENSE A. Grant of License. CONTRACTOR grants CITY (or, in the case of software created by third parties, transfers to CITY) pursuant to the terms and conditions of this Agreement, a nonexclusive license to use all SoRware. ARTICLE VII TESTING AND ACCEPTANCE A. At its sole option, CITY may elect to subject the System to a series of unit, System and final acceptance testing by CITY personnel prior to acceptance of the System. CITY shall be allowed a minimum thirty (30) day period for acceptance testing. Such acceptance tests shall be conducted in sim upon installation in order to determine whether System performs according to the functions, specifications and descriptions set forth in the proposal and Contract documents. Additionally, such testing may be conducted to ensure that: 1. System can be effectively utilized in CITY's operating business environment; the various components of the System operate as specified, and meet all functional requirements specified in Attachment 1; the System will be capable of functioning without any major impact on the current operating environment; 4. the System is capable ofnmning on a variety of data without failure; and 5. the System meets the runtimes required by CITY. B. CITY's Rights Upon Termination After Failure of Warranty Process. Upon CITY's termination of this Agreement after failure of the acceptance tests, CITY shall promptly return Software and Hardware to CONTRACTOR and shall have the fight to receive prompt reimbursement of all payments made to CONTRACTOR under th/s Agreement. ARTICLE VIII TRAINING CONTRACTOR shall provide training to OWNER as specified in Attachment 2. Professional Services And Purchase Agreement-. (PDS1) Page 4 of 32 ARTICLE IX OBSERVATION AND REVIEW OF THE WORK CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE X OWNERSHIP OF DOCUMENTS Ail documents prepared or furnished by CONSULTANT (and CONSULTANT's subcontractors or sttbconsultauts) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the tenrdnation of this Agreement. CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified here/n, CONSULTANT is released from any and all liability relating to their use in that project. Notwithstanding the above, each party is and shall remain the owner of all fight, title and interest in and to such party's proprietary materials, and all copies thereof, and in and to all of the related trade secrets, copyrights, patents and all other proprietary rights. Neither party shall obtain any right or license in and to the other party's proprietary materials. ARTICLE XI INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE XII INDEMNITY AGREEMENT CONSULTANT shall indemnify and save and hold harmless OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by OWNER, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. CONSULTANT shall indemnify, defend and hold harmless OWNER from and against any claims, including reasonable legal fees and expenses, based upon infiingement of any United States copyright trademark or patent by any Software or other System component. OWNER agrees to notify CONSULTANT of any such claim promptly in writing. OWNER agrees to Professional Services And Purchase Agreement-. (PDSI) Page 5 of 32 cooperate rally with CONSULTANT during such proceedings. CONSULTANT shall defend and settle at its sole expense alt proceedings arising out of the foregoing, and shall reimburse within thirty (30) days of submittal by OWNER any attorney fees paid by OWNER in defending against such claims. In the event of such infringement, CONSULTANT may replace, in whole or in part, Software or any other System component with a substantially compatible and functionally equivalent product, or modify the Software or System component to avoid the infringement. Nothing in this Agreement shall be conslxued to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a pm~y to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE XIII WARRANTIES A. Warranty of Title. CONTRACTOR warrants that it holds title and/or copyright to all installed products licensed or sold, and delivered pursuant to this Agreement, or in the event that any licenses to the installed products are held by a third party, that a license sufficient to secure OWNER's expected use of the installed products will be transferred to OWNER. B. CONTRACTOR warrants that its installed products will perform free of defects that would prevent the System from operating in the manner described in the Contract documents and any other related user documentation for the version installed. This Warranty shall commence upon date of acceptance by OWNER of the System. C. System Function Warranty.. CONTRACTOR further warrants that the installed system will perform all functions listed within the Functional Requirements attached as Attachment 1, in a manner which maximizes efficiency and ease of use to persons using the system. This Warranty shall commence upon date of acceptance by OWNER of the System. D. Date Calculation Warranty. CONTRACTOR warrants that each installed product delivered under this Agreement shall, as a system, be able to accurately process date data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, including leap year calculations, when used in accordance with the product documentation provided by CONTRACTOR, provided that all other interfaces (e.g., hardware, software, firmware) used in combination with such product properly exchange date data with it. Notwithstanding any provision to the contrary, the remedies available to OWNER under this warranty shall include repair or replacement of any CONTRACTOR-supphed product whose non-compliance is discovered and made known to CONTRACTOR in writing. Nothing in this warranty shall be construed to limit any rights or remedies OWNER may otherwise have under the Agreement with respect to defects other than Year 2000 performance. Professional Services And Purchase Agreement-. (PDSI) Page 6 of 32 ARTICLE XIV INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with prope2y damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $ t00,000 for each accident. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with i/mits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages. The insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shah not be canceled or modified without thirty (30) days' prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. Fo CONTRACTOR hereby waives subrogation fights for loss or damage to the extent same are covered by insurance. Insurers sha!I have no right of recovew or subrogation against CITY, it being the intention that the insurance policies shall protect all parties to the Agreement and be primary coverage for all losses covered by the policies; Companies issuing the insurance policies and CONTRACTOR shall have no recourse against CITY for payment of any prerrdums or assessments for any deductible, as all such premiums and deductibles are the sole responsibility and risk of CONTRACTOR. Approval, disapproval or failure to act by CITY regarding any insurance supplied by CONTRACTOR (or any subcontractors) shall not relieve CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the Contract documents. Neither shall the insolvency or denial of liability by the insurance company exonerate CONTRACTOR from liability. Professional Services And Purchase Agreement-. (PDSI) Page 7 of 32 ARTICLE XV ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval. ARTICLE XVI TER~MLNATION OF AGREE~NT Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days advance written notice to the other party. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be effective unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to term/hate and setting forth the reasons specifying the non-performance, and not tess than thirty (30) calendar days to cure the failure; and (2) an opportun/ty for consultation with the terminating party prior to termination. In the event of' CONSULTANT's term/nation, OWNER shall be entitled to a pro rata refund of any annual payment made in advance. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease alt services and shall render a final bilI for services to the OWNER within thirty (30) days after the date of tennination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to term/nation incurred prior to the date of termination, in accordance with Article V "Compensation." Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall mm over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XVII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. Professional Services And Purchase Agreement-. (PDSI) Page 8 of 32 ARTICLE XVIII NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. To CONSULTANT: To OWNER: ?DSI 625 The City Drive South Orange, CA 92868 ATTN: ...................... City of Denton City Manager 215 East McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. ARTICLE XIX ENTIRE AGREEMENT This Agreement, consisting of fourteen (14) pages and two attachments (the second of which contains Appendices A-D), for a total of 32 pages), constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE XX SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XXI COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. Professional Services And Purchase Agreement-. (PDS1) Page 9 of 32 ARTICLE XXII PERSONNEL CONTRACTOR represents that it has or will secure, at its own expense, all personneI required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contracmai relations with the CITY. CONTRACTOR shall inform the CITY of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. Ail services required hereunder will be performed by CONTRACTOR or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XXIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XXIV ASSIGNABILITY CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assil0unent, novation, or otherwise) without the prior written consent of OWNER. ARTICLE XXV MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties fttrther agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XXVI MISCELLANEOUS A. The following attachments are attached to and made a part of this Agreement: Attachment I List of Functional Requirements Attachment 2 Telesta2f Vendor Proposal (with Appendices A-D) Professional Services And Purchase Agreement -. CPDS1) Page 10 of 32 CONSULTANT agrees that OWNER shall, until the expiration of three (3) ye~s after the final payment under tkis Agreement, have access to and the right to exam/ne any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shah give CONSULTANT reasonable advance notice of intended audits. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. For the purpose of this Agreement, the project manager shall be However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. Each party shah be excused from performance under this Agreement, and shall have no liability to the other party or for any period it is prevented from pefform/ng any of its obligations, in whole or in part, as a result of delays caused by the other party or by an act of God, war, civil disturbance, court order, third party performance or nonperformance, strikes, work stoppages or other cause beyond its reasonable control, and such nonperformance shall not be a default under this Agreement. Notwithstanding the foregoing, if any of the above-enumerated circumstances prevent, hinder or delay performance of either party's obligations hereunder for more than thirty (30) calendar days, the party not prevented from performing may, at its option, terminate this Agreement without liability or penalty as of a date specified by such party in a written notice of tenuination to the other party. Professional Services And Purchase Agreement-. (PDSI) Page 11 of 32 Remedies. No right or remedy granted here/n or reserved to the parties is exclusive of any right or remedy herein by taw or equity provided or permitted; but each shall be cumulative or every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. Read and Understood. Each party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms. Construction of Agreement. Both parties have participated ~!ly in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. IN WiTNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the~ day of ,2003. CITY OF DENTON, TEXAS MICHAEL A. CONDUFF, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Professional Services And Purchase Agreement-. (PDSI) Page 12 of 32 PR/lx~IPAL I~CISIONf'SYSTEMS INTERNATIONAL (PDSI) WITNESS: BY: THE STATE OF CALIFORNIA § COUNTY OF OYI~,V~,~-- § Acknowledgment BEFORE ME, the undersigned authority, a Notary Public in and for the State of California, on this day personally appeared ~_~t,~ q_K~, known to me to be the person and officer whose name is subscribed to the foregoing-instrument, and acknowledged to me that he e~cuted same for and as the act and deed of~i~¥o~0ra.~.~of ~cl ~Cot~; ~-~ and as ~/t'{.~i t~J~ thereof, and for the purposes and consideration therein expressed and in the capacity therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ~ t'~day of tary Publi~,, Stat~ 9f Calif,o,mia. , Notary's Pr/reed Name My Commission Expires:'T0~t~Ix0. ~. BI., -Zoo L~ ~f~.~l~ Commission # 1341889 _~ ~ Not~ry Public- California Professional Services And Purchase Agreement-. (PDSI) Page 13 of 32 THE STATE OF TEXAS § COUNTY OF DENTON § City Acknowledgrnent BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared MICHAEL A. CONDUFF, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of the CITY OF DENTON, TEXAS, a municipal corporation of the State of Texas, Denton County, Texas, and as the City Manager thereof, and for the purposes and consideration therein expressed and in the capacity therein expressed. of GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ,2003. day My Commission Expires: Notary Public, State of Texas Notary's Printed Name Professional Services And Purchase Agreement-. (PDSI) Page 14 of 32 Ao 2. 3. ,, 1. 2. 3. Attachment 1 - Telestaff Functional Requirements System Requirements Minimum Requirements A Staff Scheduling Systemm that meets or exceeds all requirements in this specification. The Vendor must provide references where their proposed systems are installed and working in a production manner. Documentation Requirements The vendor will supply copies of all operation and user manuals. The vendor will give the city the right to copy user documentation. The vendor must supply written license and warranty information for the software and hardware provided by the vendor. The vendor must supply wdtten instructions for contacting and working with the vendor to report and correct proplems with the software or hardware provided by the vendor Training Requirements Administrator Training The vendor will provide administrator training for a maximum of 3 users Content of the administrator training should include (but is not limited to) all tasks that the system might be called upon to do. The vendor will provide system administration manuals to all attendees of the administrator training. User Training The vendor will provide "train-the-trainer" training for a maximum of 3 users. "Train-the-trainer" shall include sessions on accessing the system from a computer or from a telephone. The vendor wilt provide user manuals for computer access and telephone access to all attendees of the "train-the-trainer" training. Software Specifications End-User Interface The system must provide both PC and Telephone access. PC 1. The PC application must run on Microsoft Windows NT, 2000, and XP 2. The PC application must be a graphical calendar with working days and non-working days shown. 3. The PC application must include a comprehensive security system, which will allow users access to only those functions identified by the administrator. 4. The PC application will allow users to: -sign-up for work -record exceptions to their schedule (I.e. vacation, sick days) -make requests to be approved by management Professional Services And Purchase Agreement-. (PDSI) Page 15 of 32 bo -view payroll information -verify certification/license expiration -obtain work status information Telephone 1. The telephone application must be accessible from any touch-tone telephone. 2. The telephone application must be flexible to accept and use department recorded messages. 3. The telephone application must include a comprehensive security system, which will aIIow users access to only those functions identified by the administrators. 4. The telephone application wifl allow user to: -sign-up for work - record exceptions to their schedule - make requests to be approved by management - obtain work status information 5. The telephone application can accommodate four incoming/outgoing calls simultaneously. Administrative-User Interface PC 1. The PC application must run on Microsoft Windows NT, 2000 and XP 2. The PC application must have a graphical user interface. 3..The PC application must include a comprehensive security system, which will allow users access to only those functions identified by the administrators. 4. The PC application will allow administrators to: a.) view the daily schedule by groupings including, but not ]imite .d... to: -all companies with staffing - all compames with staffing by station - all vacancies - all vacancies by station - all vacancies by company - all vacancies by special skill or certification - all vacancies by leave type b.) record exceptions to all schedules c.) verify certifications/license expiration d.) view the list of qualified and available candidates according to the department staffing rules e.) display promotional and out-of-class lists f.) display warnings when staffing levels are below the requirements where special skiIIs are needed (when special operations companies are below the minimum technician lever g.) obtain work status information per individual employee h.) view staff selection process and audit trails for staff selection process I.) employee informationinduding but not limited to: - name Professional Services And Purchase Agreement-. (PDSI) Page 16 of 32 - social security number - employee number - address - phone number and type of number (home, cell, pager, etc.) - work status - rank - hire date - promotion date b. Telephone !. The telephone application must be accessible from any touch-tone telephone. 2. The telephone application must be flexible to record and send department recorded messages to individuals, groups, or all users. 3. The telephone application must include a comprehensive security system, which will aIIow users access to only those functions identified by the administrators. 4. The telephone application will allow users to: a.) send recorded schedule work exceptions b.) obtain employee work status information 3. Staff Selection a. The system must use configurable rules to fill vacant positions b. The rules must not be "Hard-coded" into the application and must be able to be changed by the user. c. The system must priortize the Iist of qualified and avaifable candidates according to the various staffing rules. d. The system must be able to automatically call candidates without human intervention and it must be able to be stopped to allow an individual to call candidates personally. e. The system must be configurabte to allow or not allow the holdover of personnel. f. The system must allow the daployment and staffing of special units or for special activities. g. All staffing rules must be end-user modifiable. 4. Roster Updates a. The system must keep an accurate roster at all times. b. The system must record exceptions to work schedules immediately after a user enters their exception by telephone or PC. c. The system must create a vacancy immediately after an exception has been entered and the roster must be updated. d. The system must react immediately to vacancies caused by work exceptions and automatically identify the appropriate e. replacement personnel. f. Roster updates must be completed using various personnel rules, guidelines and staffing selection procedure. Professional Services And Purchase Agreement-. (PDSI) Page 17 of 32 5. Notification a. The system must be able to automatically notify personnel of open positions and it must be able to be stopped to allow an individual to call candidates personally. b, The system must be able to automatically notify personnel of open positions and it must be able to be stopped to allow an individual to call candidates personally. c. The system must be able to automatically notify supervisors to warn them of any unfilled/open positions d. The system must allow department recorded messages. e. The system must allow deliver of messages to select or alt employees. f. The system must be able to send notifications to personnel by: 1 Telephone 2 Voice-mail 3 E-Mail 4 Pager 6. Leave Control a. The system must allow an unlimited number of user-defined working and non-working codes. b. The system must allow detailed constraints for each code such as: l-advance notice 2-supervisor approval c. The system must use various personnel rules to allow only legitimate requests. 7. Security a. The system must include a comprehensive security system. b. The system must require both an ID and password for access to the system. c. The system must support layered security, allowing individuals limited control over specific units and/or functions. d. The system must allow temporary duty assignments for administrators allowing individuals to have higher security access for a specified time period. 8. Reporting a. The system must contain a comprehensive reporting capability and allow ad hoc reporting by an external application, b. Reports must be sortable by: 1- working codes 2- non-working codes 3- positions 4- dates c. The system must maintain and report on all system activity including but not limited to: 1- daily roster information (who was scheduled to work) 2- work schedule by individual 3- overtime accrued Professional Services And Purchase Agreement-. (PDSI) Page 18 of 32 4- sick leave used 5- vacation used 6-security audits 7-system utilization d. The system must maintain and report on all system activity including'but not limited to: l-telephone access 2-PC togin access 9. Site Configuration a. The vendor shall train the customer on the configuration of the database with data including staff information, work-codes, organizational hierachy, overtime rules, and other information required for correct hiring. License and Support 1. License a. Licenses for all software used in the system, including third party software, shall be passed on to the department. b. The client PC software (administrators and end-user)license allows installation on and Fire Department computer. 2. Support a. The vendor shall provide on-going maintenance services for as long as the department elects to renew the maintenance agreement. Such services include but are not limited to: 1- toll free telephone consulting in the use of the system and assistance in error isolation and correction. 2- prompt investigation and resolution of any errors, defects or other problems reported to the vendor. 3- updates to the system as they become available. Project SchedUle 1. The vendor shall supply a timeline with clearly defined milestones for completion of each phase of the project. Professional Services And Purchase Agreement-. (PDS1) Page 19 of 32 Attachment 2 - TELESTAFF VENDOR PROPOSAL 1. Ownership of TELESTAFF. The parties recognize and acknowledge that ownership of TELESTAFF shall remain with PDSI. (a) License. Except as provided herein at paragraph 2(b), PDSI shall grant to CUSTOMER a license to use TELESTAFF in object code form. CUSTOMER shall abide by the terms and conditions of this license as stated herein. (b) Components of License. The TELESTAFF License shall consist of the right to use that certain software that collectively constitute TELESTAFF. 2. Copyright and Prol3rietarv Protection. (a) TELESTAFF is owned by PDSI, and is protected by United States and international copyright laws and international trade provisions. CUSTOMER must treat TELESTAFF like any other copyrighted material. This License and CUSTOMER's right to use TELESTAFF shall terminate automatically if CUSTOMER violates any part of the agreement. In the event of termination for any reason other than non-renewal of Service and Support as described herein at Section 11, CUSTOMER must immediatefy return TELESTAFF and accompanying documentation to PDSt. (b) CUSTOMER shall not: (i) Modify TELESTAFF and/or merge it into another program for CUSTOMER use except by express, written permission from PDSI. Any portion of TELESTAFF merged into another program following the express, written permission from PDSI will be subject to the terms of this AGREEMENT; (ii) Reverse engineer, disassemble, decompile, or make any attempt to discover the source code or methodology of TELESTAFF. Execution Date. The Execution Date is defined as the date the agreement is signed by an authorized agent of CUSTOMER. Term. The agreement shall remain in effect for a term of one (1) year, unless terminated as provided therein. On each anniversary date thereafter, this AGREEMENT shall automatically renew for a term of one (1) year, unless otherwise terminated as provided therein. Product Components. The following constitutes a complete list of all TELESTAFF components provided in connection with the use of TELESTAFF. See Appendix A for the definition of TELESTAFF Hardware Components and Appendix B for the definition of Implementation Services. CUSTOMER does Professional Services And Purchase Agreement -. (PDSI) Page 20 of 32 hereby agree to purchase from PDSI the selected items in consideration for the corresponding fees indicated as applicable: Component Fee TELESTAFF Software License for 200 Staff members TELESTAFF Hardware Components TELESTAFF Implementation Services WEBSTAFF Setup and 1st Year's Usage (PDSl-hosted Model only) Sales Tax at 7.75% on TELESTAFF Software License Price Discount of 10% Total $24,444 $ 5,0o0 $ 13,000 INCLUDED $ 0.00 (4,244.40) $38,199.60 Payments. CUSTOMER agrees that all pricing and amounts due hereunder are based on United States currency and that all amounts remaining unpaid for more than thirty (30) days following the date of the invoice shall be subject to an interest charge at the monthly rate of 1.5%. CUSTOMER does hereby agree to the payment terms for each component. Component Due TELESTAFF Software License TELESTAFF Hardware Components Date TELESTAFF Implementation Services Date On Execution Date Net 30 Days from Execution Net 60 Days from Execution q Travel Expenses, CUSTOMER agrees to pay for all travel expenses related to TELESTAFF implementation and training services as defined 'in Appendix B. Implementation Services. Implementation Services include configuration of TELESTAFF as defined in Appendix B. Additional training and/or reconfiguration requested by CUSTOMER will be at an additional cost. Service and Support. Service and Support of TELESTAFF is provided at no additional charge during the first twelve-(12) months following the Execution Date. See Appendix C for the definition of TELESTAFF Service and Support. Upon each anniversary of the Execution Date, CUSTOMER may renew service and support under the following events: Event Payment 1st Anniversary of the Execution Date $4,889 ist Anniversary of the Execution Date for WEBSTAFF Usage $4,080 Subsequent anniversaries during term 5% maximum increase over previous period Professional Services And Purchase Agreement-. (PDSt) Page 21 of 32 Should CUSTOMER elect not to renew Service and Support on the anniversary of any Execution Date, CUSTOMER acknowledges that any subsequent re- enrollment for Service and Support will only be accepted by PDSI after CUSTOMER cures the previous lapse in Service and Support by paying PDSI the Service and Support fee for the lapsed pedods, in addition, CUSTOMER acknowledges that PDSI may assess CUSTOMER a Service and Support re- instatement fee that will not exceed ten percent (10%) of the Service and Support fee for the lapsed periods. PDSI reserves the right to discontinue Service and Support of previous releases of TeleStaff as defined in Appendix C. Professional Services And Purchase Agreement-. (PDSI) Page 22 of 32 Appendix A - TeleStaff Hardware Components At Customer's option and upon receipt of payment, PDSI will procure and configure appropriate hardware and related software components (a) not supplied by CUSTOMER and (b) necessary for operation of the TeleStaff server and will deliver the configured hardware system to CUSTOMER. Hardware necessary for the operation of TeleStaff includes: · PC system capable of operating the TeleStaff software for CUSTOMER · Telephony hardware to support TeleStaff's telephone features · SQL Database Server software (2) · Remote communication software for remote diagnostics PDSt recommends PC systems from Dell Computer Corporation. As Deli frequently changes and introduces new models and configurations, PDSi does not recommend a specific Dell model number. However, hardware components for the TeleStaff Database server must include, at minimum, the following: · intel Pentium 1 Ghz orocessor or · 640 MB or areater RAM · 10 GB or lamer Hard Drive · 20/48x CD-ROM Drive · 17" or lamer SVGA Monitor · CD-RW Drive · 56K V.90 Modem · Multimedia with speakers and ·Kevboard and mouse · Microsoft Windows NT · Next dav on site service by · Svbase SQLAnvwhere 4 - User · Dialo(~ic 4 - Line TeleDhonv · Laplink Remote Communications IMPORTANT NOTES: (1) If CUSTOMER purchases hardware through PDSI, PDSI's hardware services include installation of TeleStaff application software, Sybase database server software, Dialogic Telephony hardware, Laplink remote communications software and any other software necessary to operate TeleStaff on an appropriate PC supplied by Dell. If CUSTOMER elects to purchase hardware other than that supplied by PDSI, CUSTOMER is responsible for configuring hardware and installing the software required to operate TeleStaff. CUSTOMER may connect additional PCs to the TeleStaff system by installing the TeleStaff client software (included) provided they are connected to the TeleStaff system by a network using the TCP/IP protocol. TeleStaff is compatible with connected PCs running the Windows 95, 98, NT or 2000 operating system. (2) The database software specified above will allow four (4) concurrent connections to the TeleStaff database by PCs on a network. Although the TefeStaff client software may be instatfed on any number of PCs, the database software will aIIow only four concurrent connections. As a user logs off TeleStaff, a connection is released and Professional Services And Purchase Agreement -. (PDSI) Page 23 of 32 made available to other users. Access to TeleStaff by telephone DOES NOT consume a database server connection; only access by PCs consume database connections. The database server software may be upgraded to enable additional concurrent connections. (3) The Dialogic Telephony system specified above supports any combination of up to four (4) simultaneous inbound and outbound connections by telephone. PDSI recommends that CUSTOMER connect four dedicated telephone lines to the Diatogic Telephony hardware (installed in the PC). Further, CUSTOMER should provide one telephone number to staff members which when dialed automatically attaches to the next available telephone line. Additional Dialogic Telephony components may be purchased to provide additional telephone connections. (4) Hardware and related software supplied by CUSTOMER under this agreement: Professional Services And Purchase Agreement-. (PDSI) Page 24 of 32 Appendix B -TeleStaff Implementation Services Partnership A_qreement For the fee specified in paragraph 5 of this Attachment, PDSI will train CUSTOMER staffing administrators on the operation of TeleStaff and then assist the CUSTOMER in configuring the TeleStaff system with CUSTOMER's data. The following steps comprise the TeleStaff Implementation services: Hand-Off: During this internal phase, the appropriate PDSI account representative transfers information on the CUSTOMER to the PDSI Implementation Manager (IM). The IM is a project manager who is responsible for coordinating all activities necessary to implement TeleStaff for the CUSTOMER. During this phase, PDSI will send to CUSTOMER an Implementation Welcome Packet containing an overview of the Implementation Process and information on how to prepare for TeleStaff. Pre-Configuration: During the Pre-Configuration phase, the IM and CUSTOMER hold a conference call to review the Welcome Packet, to establish CUSTOMER contacts required by PDSI during the Implementation process, and to set up the Administrator Class. Also during this phase, PDSI provides CUSTOMER with ali necessary installation documentation and ships the TeleStaff hardware to CUSTOMER. Training: The TeleStaff Administrator training course is a train-the-trainer format intended for the CUSTOMER's administrators of the TeleStaff system (defined as knowledgeable of CUSTOMER's staffing rules, PC literate and empowered to make staffing decisions). TeieStaff training is a hands-on and workbook guided course at a PDSI training facility that uses demonstration data in order to cover all necessary TeleStaff features. It also includes instruction on how to enter CUSTOMER data into TeleStaff. The TeleStaff training course will take up to two 8- hour days to complete, and is limited to two (2) staff members. Prior to the CUSTOMER's 'live' date, the trained CUSTOMER administrators will perform end-user training (including training on the use of the tefephone) to CUSTOMER staff members. Data: During the Data phase, CUSTOMER gathers data as specified in the Data Packet and enters this data into TeleStaff. Configuration: During the Configuration phase, a PDSI Configuration Analyst and the CUSTOMER administrator(s) configure TeleStaff for CUSTOMER using CUSTOMER's business rules. The configuration process occurs at PDSI and is allocated 24 hours of time. The TeleStaff Configuration course is limited to two (2) staff Professional Services And Purchase Agreement-. (PDSI) Page 25 of 32 TeleStaff Tuning: members. At its option, CUSTOMER may extend the configuration process for an additional fee of $1000 per day. After CUSTOMER goes live with TELESTAFF, PDSi will go to CUSTOMER's site for two days to fine-tune the TELESTAFF database and staffing processes For information on additional advanced training courses offered by PDSI, please contact your TeleStaff Implementation Manager or your Account Executive. Professional Services And Purchase Agreement-. (PDSI) Page 26 of 32 Appendix C - TeleStaff Service and Suppq..rt All Software Errors reported by CUSTOMER shall be resolved as set forth below, initial response by PDSi will be based upon CUSTOMER's full description of the problem. Resolution response will be based upon the priority assigned by PDSl as defined below. If CUSTOMER determines that a Software Error exists, CUSTOMER shall notify PDSt by telephone. Telephone notification will be made to PDSI's support line at (800) 850- 7374. "Normal Business Hours" are 8:00 AM through 5:00 PM (Pacific Standard Time), Monday through Friday, excluding holidays. The main support tine will be answered either by an attendant or automated attendant at all hours. During Normal Business Hours, each troubie report will be assigned a Help Desk Log Number. The Log Number shall be used for all subsequent inquiries relating to the original problem. During Normal Business Hours, the attendant will ring the TeleStaff Support Department and the call will be handled according to the priority assigned by PDSl. In the case of priority-one problems, as noted below, CUSTOMER may be able to speak directly to a TeleStaff Support Representative if one is available. Outside of Normal Business Hours, Priority 1 support, as described in this appendix, will be made available through a pager system. The phone number is 800-850-7374. Priority 1 support is available 24 hours per day, 7 days per week to CUSTOMER's with LIVE status. All other problems will be handled on a callback basis. If requested or so stipulated in the response time criteria below, a PDSl representative will return the call in a manner consistent with the priority and order in which the call was received. CUSTOMER shall make every effort to respond to PDSl in a timely fashion when requests are made to follow-up calls or additional documentation on the reported problem. CUSTOMER's subscribing to optional dial-in support shall provide PDSI with a dedicated and separate standard telephone data modem line where the Server resides. CUSTOMER shall additionally provide a voice telephone line located in each such area to allow simultaneous voice and data access. Priorities are assigned as follows: Priority One Hours of Availability: 24 hours/day, 7 days/week Description: A cdtical software error that severely impacts the ability of CUSTOMER to perform ALL automated staffing functions (TeleStaff is down). This level of priority is only available to CUSTOMER's that are using TeleStaff in a production environment (LIVE accounts ONLY). Professional Services And Purchase Agreement-. (PDSI) Page 27 of 32 Initial Response: Resolution Response: Notification: Priority Two Hours of Availability: Description: Initial Response: Resolution Response: Notification: Priority Three Hours of Availability: During Normal Business Hours, immediate response if a Support Representative is available. Otherwise, PDSI will respond with a call back within one hour. Outside of Normal Business Hours (including holidays), PDSI wilt respond with a call back within two hours. PDSi will work aggressively to provide CUSTOMER with a workaround solution or to completely resolve the problem. It is the responsibility of CUSTOMER to alert PDSI of a possible Priority-One issue. PDSl will update CUSTOMER of progress frequently during problem resolution and notify CUSTOMER once the workaround has been provided or the probiem has been resolved. Monday through Friday, 6:30 AM to 6:00 PM, Pacific Standard Time. A non-critical software error, which prevents the user from performing a data entry or system administration function. These do not include cosmetic, documentation, or reporting problems. These also do not include questions or inquiries regarding the operation of the software or its installation and training. During Normal Business Hours, PDSI will respond with a call back within three hours. Outside of Normal Business Hours (including holidays), PDSI will respond with a call back within twenty-four hours. PDSI will provide a workaround for CUSTOMER when possible within an average of twenty-four (24) hours. PDSI will provide a problem resolution in the form of an Upgrade or modification to the Software ir) an upcoming Update. PDSi will notify CUSTOMER when a workaround has been provided or the problem has been resolved. Monday through Friday, 6:30 AM to 6:00 PM, Pacific Professional Serv/ces And Purchase Agreement-. (PDSI) Page 28 of 32 Standard Time. Description: All other software or documentation errors not described above. These include but are not limited to: · Reporting errors or calculation problems · Documentation inaccuracies · Cosmetic issues ,' Misspellings · Product Enhancement requests · Questions or inquiries relating to TeleStaff Software functionality, system administration or installation Initial Response: PDSI will respond to these items if specifically requested to do so at the time of the request. If a reply is requested, PDSI will respond within an average of twenty-four (24) hours during Normaf Business Hours. Resolution Response: PDSI will correct documentation errors in upcoming releases of the documentation. Notification: If requested, PDSI will notify the local CUSTOMER when a workaround has been provided or the problem has been resolved. TeleStaff Enhancements The TeleStaff version number Consists of three numbers that define the type of product release. The format of the TeleStaff version number is: Version X.YZ where · Changes in X represent a significant change in product functionality (Major Release) · Changes in Y represent an enhancement to the product that increases functionality within the existing Major Release and is typical of an evolving product (Enhancement Release) · Changes in Z represents a minor change to the program to accommodate a software error or cosmetic change (Update Release) · Under the Te[eStaff Service and Support plan, CUSTOMERs will receive Update Releases and Enhancement Releases as they become available at no additional charge. Major Releases will be available for an additional fee. Professional Services And Purchase Agreement -. (PDSI) Page 29 of 32 Appendix D - WebStaf-FM: Web Access to TeleStaffTM Features, Benefits and Deployment - 1. Functionality WebStaff 1.2 is designed specifically to give TefeStaff administrators and end- users further access to TeleStaff from any browser. WebStaff extends the reach of the TeleStaff system beyond the client workstation and the telephone to any computer with Internet access. WebStaff combines the visual benefits of the TeleStaff Client with the accessibility of the telephone to give your TeleStaff users visual access to a significant amount of information from any Internet computer. Further, WebStaff is simple to use because it mimics the TeleStaff Client workstation functions in an easy-to-user browser interface. WebStaff Administrators can: Create vacancies based on your department's rules and guidelines Fill Vacancies from the Candidate's Window Initiate the Auto Hire function Approve requests Initiate the Automated Contact feature WebStaff End-users can: View their personal calendar Request work through the Available feature Request/record work exceptions Remove Availability and Exception work codes (if definition allows) Receive notifications sent by the TeleStaff system View and change select personal data including telephone numbers View roster for any date View detailed work history report over any date range View the Pick List 2. Accessibility Theoretically, WebStaff is accessible 24 hours a day, 7 days a week from any computer with internet access as long as the Web Server is accessible. Accessing WebStaff is a simple as directing your browser to the WebStaff home page and logging in using your TeleStaff User ID and Password. Once connected, the web server connects to your organization's TeleStaff database to provide real-time data access similar to using a TeleStaff client workstation or accessing TeleStaff by telephone. Professional Services And Purchase Agreement-. (PDSI~ Page 30 of 32 3. Navigation The very nature of the web provides WebStaff users with navigational features not available in TeleStaff. Using WebStaff, users are one click away from all major functions. A convenient menu on every page provides immediate acceSs to other functions. Ail web pages resize automatically based on your computer's screen definition (support for PDA, WAP upcoming), and the WebStaff roster scrolls one line and a time. 4. Customer Deployment WebStaff is available in two options, Customer Hosted or PDSI Hosted. There are advantages to both, depending on the organization's need. With the Customer Hosted model, PDSI provides only the WebStaff application software and the customer is responsible for installing it on a web server and managing all access to the application. Internet security becomes the responsibility of the customer since there is no interface in this model to PDSI's web server infrastructure. Customer Hosting is an ideaf option for those customers with an existing web server environment and capable resources to manage it. Under this option, the customer licenses WebStaff from PDS[ and can optionally pumhase maintenance and support that provides functional helpdesk support and enhancements to WebStaff. In order to host WebStaff: Customer must have or deploy an appropriate Web Server The Web Server must be capability of running Java Servlets The PDSI Hosted option is ideal for customers without an existing web server infrastructure and/or availability of resources to manage one. Under this option, the WebStaff application resides on a secure web server cluster maintained and managed by PDSl. The WebStaff application communicates across a secure VPN (Virtual Private Network) pipe to the customer's Te[eStaff database server. Customer setup is designed to be simple but may be complicated by existing intranet/internet infrastructure. In general, however, the following steps will be taken to deploy WebStaff in this model: > Customer must have constant internet access (highest speed possible without dial-up) > Customer must have a static and public IP address > Customer must provide PDSl with the address of its public IP and TeleStaff database IP )> PDSl will procure SonicWall's Telecommuter firewall hardware for each customer and will configure the firewall using specified tP addresses > PDSl will deliver the configured firewall with installation instructions to the customer and will be available by telephone for assistance Professional Services And Purchase Agreement -. (PDSI) Page 31 of 32 For more complicated installations, PDSI will provide the customer with access to one of our networking service partners. Pricing for the PDS1 Hosted WebStaff option consists of a one-time setup fee and an annual and renewable service fee. The setup fee includes all hardware and services required to add each customer to the WebStaff network. The annual service fee provides each customer employee with web access to the TeleStaff application. For convenience, the service fee may be prepaid and prorated to renew on the same date as the TeleStaff Annual Service and Support renewal For a specific quote for either the PDSI Hosted or Customer Hosted models, please contact your PDSI account executive. 5. WebStaff Community PDSI's installed base of TeleStaff users exceeds 20,000 industry professionals and is growing. As these customers begin to deploy WebStaff, PDSI sees an ideal opportunity to bring together a community of users that share common professional interests. As such, PDSI plans to provide information and web links of mutual interest to our WebStaff users from the WebStaff home page. Both PDSI Hosted and Customer Hosted customers can join this community. PDSI Hosted customers will access the WebStaff home page to launch WebStaff, and Customer Hosted users (currently under the maintenance and support plan) can provide a link to their WebStaff server from PDSI's WebStaff home page at no additional charge. Either way, ail WebStaff customers will launch WebStaff from a central community that PDSI will extend to support their needs. Professional Services And Purchase Agreement -. (PDSI) Page 32 of 32 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: May 27, 2003 Materials Management Questions concerning this acquisition may be directed to Eva Poole 349-7735 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance of the City of DeNon, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of digital self check machines for the City of DeNon public library system from 3M Library Systems, which are available from only one source in accordance with the pertinem provisions of Chapter 252 of the Texas Local Governmem Code exempting such purchases from the requiremems of competitive bidding; and providing an effective date (File 3019-Digital Self Check Machines for City of DeNon Library System awarded to 3M Library Systems in the amoum of $92,595). BID INFORMATION This acquisition is for the 3M Digital Self Check System Model 7210, which is an advanced, fully featured patron check out/check in system that processes items with barcodes or digital ID tags. This equipment will allow patrons to process materials themselves, both quickly and privately. Two of the machines will be placed in the new North Branch Library and one unit will be placed in the South Branch Library. 3M is the developer and manufacturer of the 3M Self Check System and therefore, the sole source. The company has patents on certain parts of the system technology including the ability to detect and process material protected by 3M Tattle- Tape Strips. Service contracts and warranties for the system are based on the correct usage with 3M Tattle-Tape strips. Sole source supplies and/or services protected by copyrights or patents are exempt from the competitive bid process (Chapter 252 Texas Local Governmem Code). RECOMMENDATION We recommend award of this item to 3M Library Systems in the amoum of $92,595. PRINCIPAL PLACE OF BUSINESS 3M Library Systems St. Paul, MN ESTIMATED SCHEDULE OF PROJECT The self check units will be installed at the North Branch Library before the grand opening in June 2003, and within six weeks at the South Branch Library. Agenda Information Sheet May 27, 2003 Page 2 FISCAL INFORMATION Funding for this equipment will come from bond account 10005703.1365.40100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Attachment 2: 1-AlS-File 3019.doc Sole Source Certification Letter Quote from 3M Library Systems 3M Library Systems 3M Center, Building 225-4N-14 St Paul, MN 55144-1000 800 328 0067 Telephone gOO 223 5563 Fax www 3M com/hbmry Fax: 940-349-8560 March 21, 2003 Eva Poole, Director Denton Public Library 502 Oakland Denton, TX 76201 RECEIVED MAR g 8 2003 DENTON PUBLIC LIBRARY Dear Ms. Poole: 3M is the developer and manufacturer of the 3MTM SelfCheckTM System, and as such, we are also the sole source for these systems. We have patents on certain parts ofthe system technology, including the ability to detect and process material protected by 3MTM Tattle- Tapem Strips. We are not aware of any manufacturer that sells self-checkout systems operating within the scope of 3M's patents. Service contracts and warranties are based on the correct usage with 3M Tattle-Tape Strips. Our representative for your area is Mike Fleming and he can be contacted at 800/328-0067. Thank you for your interest in the 3M SelfCheck and Detection Systems and if there are any further questions or problems, please feel free to contact us. Sincerely, Robert P. Noirjean National Sales and Marketing Manager My commission expires: cc: M. Fleming- Account Representative M. Keefe - Regional Sales Manager Attacl~nent 2 ;terials Flow Management ems Proposal 75-0299-6230-7 qFcnm 34050 - B - F~VO) 3M Library System~ P.O. Box 33682 8t Paul, MN -~$133-.3682 1-800-328-0067 ~ 2 Fa~ 1-g00-223-5~63 Denton Public Library 940 349 8256 502 Oakland Denton, TX tax Nrm~b~- ~/~T* 3M 12'brary S3~tems P.O, Box 33682 ~. ~ ~ 5513~36~ ~r~To F~ Product Description Quant~ Un~ Price [ns~afl Price Earn Price Model 7210 Digital SelfCheck Unit 3 $25,430.000 $76,290.00 Video Check Out Unit 3 $1,900.000 $5,700.00 ::)ne year additional service ...................3 $3,485.000 $i 01455.00 .oo $o.oo $0.00 ~o.oo $0.00 $0.oo .... So.oo o.oo Subtotal Equipment and Marke~ $92,445.000 $0.00 .... $92,445.00, Service Agreement - ou~ total Onit Price $92,446.6'6 Equipment Zone Qty Months Urdt ~ ~Jnit Tax I $O.O0 Install Charge included Install Tax [ ....... $0.00 ~ervice Agreement ;re. ight $150.0o rotal Proposal .... Subtotal Service $0,00 Other Information includes Video Check Out Unit Technology Solution - Financing Option rw, years service 12 Monthly Payments $7,716.25 24 Monthly Payments $3,858.13 1 o+ 36 Monthly Payments $2,572.08 Hike Fleming 8003280067 x 3 Option 16 Oao~ations are good for a0 days from the above date. Mail or Fax purchase order to the address above. Terms are NET 20 Days ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF DIGITAL SELF CHECK MACHINES FOR THE CITY OF DENTON PUBLIC LIBRARY SYSTEM FROM 3M LIBRARY SYSTEMS, WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 3019-DIGITAL SELF CHECK MACHINES FOR CITY OF DENTON LIBRARY SYSTEM AWARDED TO 3M LIBRARY SYSTEMS IN THE AMOUNT OF $92,595). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following purchase of materials, equipment or supplies, as described in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached hereto are hereby approved: FILE NUMBER 3019 VENDOR 3M Library Systems AMOUNT $ 92,595 SECTION 2. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-File 3019.doc AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET May 27, 2003 Materials Management Kathy DuBose, Fiscal and Municipal Services Questions concerning this acquisition may be directed to Eva Poole 349-7735 SUBJECT Consider adoption of an ordinance awarding a contract for the purchase of a book theft detection system and accompanying book check out/check in workstations for the North Branch Library as awarded by the State of Texas Building and Procuremem Commission; providing for the expenditure of funds therefore; and providing an effective date (File 3033-Book Theft Detection System awarded to 3M Library Systems in the amoum of $45,726). FILE INFORMATION This item is for the acquisition of the Model 3804 Four Corridor Unit book theft detection system and nine Model 966 check out/check in workstations for the North Branch Library. With library costs rising on every from, protecting the library collection from theft has become more important than ever. The book theft detection system already located in the Emily Fowler Library and the South Branch Library locations will protect materials from theft at the North Branch Library as well. The Model 966 check out/check in located at the staff circulation stations will be used to sensitize materials authorized by the library to leave the building. Borrowers who attempt to leave the building without having their items sensitized will trigger the alarm of the book theft detection system. When the items are returned back to the library, the Model 966 check out/check in workstations will then be used to desensitize the item and allow staff to place it back on the shelf. RECOMMENDATION We recommend award of this item to 3M Library Systems in the amoum of $45,726. PRINCIPAL PLACE OF BUSINESS 3M Library Systems St. Paul, MN ESTIMATED SCHEDULE OF PROJECT The book theft detection system can be shipped within 2 weeks after receipt of an order. Agenda Information Sheet May 27, 2003 Page 2 FISCAL INFORMATION This item will be funded from account 10005703.1365.40100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Proposal from 3M 1-AlS-File 3033 Materials Flow Management Systems Proposal 75-0299-6230-7 (Form 34050 - B - PWO) 3M Library Systems P.O. Box 33682 St. Paul, MN 55133-3682 1-800-328-0067 ext. 2 Fax 1-800-223-5563 Denton Public Library Contact Nane Authorized B~ Eva Poole P~o~ N~ IF~ Number Date 940 349 7735 1940 349 8260 Mall To: 502 Oakland City, County, State, Zip Denton, TX 76201 or Fax To: 3M Library Systems P.O. Box 33682 St. Paul MN 55133-3682 Fax 1-800-223-5563 System Descriotion Marker Quantity Unit Price Install Price Item Price N/A $0.00 N/A $0.00 N/A $0.00 N/A $0.00 N/A $0.00 N/A ~0.00 N/A $0.00 Equipment Subtotal Markers $0.00 Model 3804 Four corridor Unit 1 $16,.759.00 $16,759.00 Buried 'Cable J ' $0.00 one year additional service I $1,645.00 $1'i~45.00 Model 966 Workstation 9 $2,838.00 . $25,542.00 One year..additional service 9: $!70.00 $1,530.00 " $0.00 $0.00 Subtotal Equipment $45,476.00 $0.00 $45,476.00 Service Agreement Equipment Zone Duration Price Total U. nit Price .,. $45 476.00 " Un.!.t Tax I ... $0.00 Install Charge $0.00 Install Tax 1 $0.00 .. Service Agreement '" Fr.e.ight $250.00 " Tota,!, Proposal ,, $45,7,26.00 Other Information ~M Reoresentafive Mike Flemin0 Lease Purchase Option Interest Rate $ Per Includes $ Down Payment 8003280067x30,ptio n ~ 6 Quotations are good for 90 days from the above date. Mail or Fax purchase order to the address above. ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF A BOOK THEFT DETECTION SYSTEM AND ACCOMPANYING BOOK CHECK OUT/CHECK iN WORKSTATIONS FOR THE NORTH BRANCH LIBRARY AS AWARDED BY THE STATE OF TEXAS BUiLD1NG AND PROCUREMENT COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 3033-BOOK THEFT DETECTION SYSTEM AWARDED TO 3M LIBRARY SYSTEMS iN THE AMOUNT OF $45,726). WHEREAS, pursuam to Resolution 92-019, the State Purchasing Building and Procuremem Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipmem, supplies or services in accordance with the procedures of state law on behalf of the City of DeNon; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipmem, supplies or services can be purchased bythe City through the Building and Procuremem programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipmem, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered purchase order for materials, equipmem, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agem, are hereby approved: FILE NUMBER VENDOR AMOUNT 3033 3M Library Systems $45,726 SECTION 2. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building and Procuremem Commission for such items and agrees to purchase the materials, equipmem, supplies or services in accordance with the terms, conditions, specifications, standards, quamities and for the specified sums comained in the bid documems and related documems filed with the Building and Procuremem Commission, and the purchase orders issued by the City. SECTION 3. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, speci- fications and standards contained in the Proposal submitted to the Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-File 3033 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET May 27, 2003 Materials Management Kathy DuBose, Fiscal and Municipal Services Questions concerning this acquisition may be directed to Jim Coulter 349-7194 SUBJECT Consider adoption of an Ordinance awarding a comract for the purchase of pesticide services for spraying of mosquitoes; providing for the expenditure of funds therefore; and providing an effective date (Bid 3007-Pesticide Services for Spraying of Mosquitoes awarded to Adams Exterminating Co., Inc. in the amoum of $16.50 per linear mile). BID INFORMATION This is annual contract for the controlled restricted spraying of an approved pesticide to control mosquitoes in designated areas of the city of DeNon. All spraying will be done at the direction of the City of DeNon and performed between the hours of 12:00 midnight and 5:00 a.m. The contract is for pesticide application utilizing the contractor's vehicle and a certified licensed applicator approved by the Texas Departmem of Health or other applicable agency. The spraying equipmem will be supplied by the City of DeNon. RECOMMENDATION We recommend that this bid be awarded to Adams Exterminating Co., Inc. in the amoum of $16.50 per linear mile. PRINCIPAL PLACE OF BUSINESS Adams Exterminating Co., Inc. DeNon, TX ESTIMATED SCHEDULE OF PROJECT Spraying will be done on an as needed basis as determined by City staff as referenced by the City's mosquito containment policy. FISCAL INFORMATION This item will be funded from accoums 630001.8535 and 640001.8535. Agenda Information Sheet May 27, 2003 Page 2 Attachment 1: Tabulation Sheet 1-AlS-Bid 3007 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ORDINANCE NO. CONSIDER ADOPTION OF AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF PESTICIDE SERVICES FOR SPRAYING OF MOSQUITOES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3007-PESTICIDE SERVICES FOR SPRAYING OF MOSQUITOES AWARDED TO ADAMS EXTERMINATING CO., INC. IN THE AMOUNT OF $16.50 PER LINEAR MILE). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 3007 Adams Exterminating Co., Inc. $16.50/linear mile SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-Bid 3007 AGENDA INFORMATION SHEET AGENDA DATE: May 27, 2003 DEPARTMENT: ACM: Fiscal and Municipal Services Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of an ordinance of the City of DeNon, Texas authorizing a confidential access line compensation agreement with a certificated telecommunications provider pursuant to Chapter 283 of the Texas Local Government Code; authorizing the City Manager and the City Attorney to act on the City's behalf in executing any and all documents necessary to effect such agreement, and to take such other actions deemed necessary to finalize the agreement; and declaring an effective date. BACKGROUND Pursuam to Section 551.071 of the Texas Governmem Code: Consultation with City Attorney regarding settlement agreement with certified telecommunications provider regarding access line fees, the City Council may adjourn imo closed session to ask questions about the settlemem agreemem. On April 26, 2002, the City Attorney's office obtained permission to continue to negotiate this agreement. The confidential access line compensation agreemem will be beneficial to the City and is a fair compromise of the dispute. Chapter 283 of the Texas Local Government Code mandates that the agreement be kept confidemial and that the details of the agreemem are not disclosed as discussed in the City Attorney Status Report of May 23, 2003. RECOMMENDATIONS Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On April 16, 2002, the City Attorney briefed the City Council pursuam to Section 551.071 of the Texas Government Code on a proposed settlement, audit and potential litigation concerning a settlement offer with a certificated telecommunications provider. Respectfully submitted: Anna Mosqueda Director of Management & Budget S:XOur Documents\OrdinancesX03XVerizon access line settlement.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING A CONFDENTIAL ACCESS LINE COMPENSTION AGREEMENT WITH A CERTIFIED TELECOMMUNICATIONS PROVIDER PURSUANT TO CHAPTER 283 OF THE TEXAS LOCAL GOVERNMENT CODE; AUTHORIZING TI-IE CITY MANAGER AND THE CITY ATTORNEY TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS NECESSARY TO EFFECT SUCH AGREEMENT, AND TO TAKE SUCH OTHER ACTIONS DEEMED NECESSARY TO FINALIZE THE AGREEMENT; AND DECLARING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Pursuant to Chapter 283 of the Texas Local Govemment Code, the Confidential Access Line Compensation Agreement, dated May 27, 2003, is hereby approved, and the City Manager is hereby authorized to execute said Agreement and other related documents deemed by the City Manager and the City Attorney to be necessary to conclude the Agreement. SECTION 2. The City Attorney is hereby authorized to provide the Certified Telecommunications Provider, through their attorneys, a fully executed copy of this ordinance and a fully executed original of the Confidential Access Line Compensation Agreement. SECTION 3. The original executed Confidential Access Line Compensation Agreement shall be filed with the City Secretary and marked "Confidential in accordance with Chapter 283 of the Texas Local Government Code". SECTION 4. This ordinance shall become effective immexliately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. EULINE BROCK, MAYOR PRO TEM ATTEST: JENNII:~ER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET May 27, 2003 Fiscal Operations, Tax Department Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of tax refunds for the following property taxes: Name Reason Tax Year Amount B. Denton Area Teachers Credit Union for Overpayment 2002 724.13 George Williams ~up~at~ ~nt ~0~ 88~ 8 D. Lereta Corporation for Kimberly Pope Duplicate Payment 2002 543.69 d ~ ~Ban~for M~ Eart ~ up ii~l ~gl g~0g ~g 8 ~ F. Countwwide Home Loans for Nathan Adair Duplicate Payment 2002 564.54 ~ ~un ~a ~ ~fo Clya~S ~ ~up!~at ~ ~nt ~0~ ~ 8~8 n: EMC M0ngage fo[ Mil!aid Th0m oyemayment 2002 1~111:89 ~ V~nt~g~ ~gmt~O pv~c,~ ~up~ g~ ~nt ~0~ ~8~ J. Shady Oaks Center, Ltd. Duplicate Payment 2002 5,508.37 ~rl a~ ~ up~ ~ang~ P erhe ~0~ ~888 L. Legacy Monterey Homes LP Supplement change per the 2002 606.88 Appraisal ReTiew Board nt fo ro g i 8i N. Denton County Title for ~omas Dfisdale Duplicate Payment 2002 666.85 BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. These accounts fall under Chapter 31.11. FISCAL INFORMATION The total tax overpayment revenue fund would be reduced by $22,330.22. Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: May 27, 2003 Management and Budget Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance of the City of Demon amending a service agreemem between the City of Demon, Texas and REACH, inc. in the amoum of $1,000 to provide counseling serves for disabled persons; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND Council Member Mark Burroughs has requested that $500.00 from his Council Comingency funds for FY2002-03 be provided to REACH, inc. provide services, in addition, just prior to May 2003 elections former Council Member Michael Phillips requested $500 from his Council Comingency funds also be allocated. During the FY2003-04 Community Developmem Block Gram (CDBG) Budget Public Hearing, the Council heard the Human Services Advisory Committee budget recommendations. Because the requests for funding by service providers far exceeded the funds available, Council Members discussed the use of their Council Comingency funds as a way to help make up a portion of the funding gap for service providers that were either new or unable to be funded at prior year levels. Since public funds are being provided to an outside agency, an Agreement outlining the purpose for the expenditure and reporting requiremems is necessary. Funds for this Agreemem will be encumbered from FY2002-03 Council Comingency funds in the amoum of $1,000. ESTIMATED SCHEDULE OF PROJECT The agreemem is for October 16, 2001 to September 30, 2004. PRIOR ACTION/REVIEW Human Services Advisory Committee; CDBG Budget Public Hearing FISCAL INFORMATION The Agreemem is for $1,000 and will be funded from Accoum 160099.7754 and 160099.7748 in the amoum of $500 from each accoum. EXHIBITS Ordinance/Agreemem Respectfully submitted: Anna Mosqueda Director of Management and Budget Date: 04/16/03 Contingency Fund Expenditure Request Council Member: Mark Burroughs /~/,~ Amount Allowed for Purchase: $500.00 Remaining Balance if Total Amount is Used: $1300.00 Description and Use of Items to be Purchased with Contingency Funds: REACH - for use on a budgeted or unbudgeted expenditure for the current fiscal year. .................................. INTERNAL USE ONLY .................................. Department Responsible for Contract Compliance: City Manager's Office Purchase Order Number: Date P.O. Issued: Account Number: 160099.7754 Final Cost: Balance: Budget Approval: Date: Legal Approval: Date: CMO Approval: Robert Hanna Date: 04/16/03 Contingency Fund Expenditure Request Date: May 6, 2003 Council Member: Michael Phillips ~ Amount Allowed for Purchase: $500.00 Remaining Balance if Total Amount is Used: $3500.00 Description and Use of Items to be Purchased with Contingency Funds: To be used by REACH to help pay for a project or program during the current fiscal year. .................................. INTERNAL USE ONLY .................................. Department Responsible for Contract Compliance: Purchase Order Number: Date P.O. Issued: Account Number: 160099.7748 Final Cost: Balance: Budget Approval: Date: Legal Approval: Date: CMO Approval: Robert Hanna Date: 05/06/03 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AMENDING A SERVICE AGREEMENT BETWEEN TIlE CITY OF DENTON, TEXAS AND REACH, INC. IN THE AMOUNT OF $1,000.00, TO PROVIDE COUNSELING SERVICES FOR DISABLED PERSONS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Reach, Inc. serves an important public purpose by providing counseling services for disabled persons (the "Program") as more fully described in that certain Service Agreement with the City of Denton effective October 16, 2001 and approved by Ordinance No. 2001-400 (the "Service Agreement"); and WHEREAS, Reach, Inc. has requested that the Service Agreement be amended to provide for additional funding of $1,000.00 for the Program; and WHEREAS, the City Council of the City of Denton hereby finds that the Amendment to the Service Agreement attached hereto and made a part hereof by reference (the "Amendment") and the Program serve a municipal and public purpose and are in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Amendment and to carry out the duties and responsibilities of the City under the Amendment, including the expenditure of funds as provided in the Amendment. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: BY: ~'-~'~ ~ d/ EULINE BROCK, MAYOR AMENDMENT TO SERVICE AGREEMENT WITH REACH, INC. This Agreemem is made and emered imo by and between the City of DeNon, a Texas municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as City, and Reach, Inc., 8625 King George Drive, Suite 210, Dallas, Texas 75235, a Texas non-profit corporation, hereinafter referred to as Contractor. WHEREAS, the City and Comractor have previously emered imo that certain Service Agreemem effective October 16, 2001 and approved by Ordinance No. 2001-400 (the "Service Agreemem") wherein the Comractor has provided certain public services to the citizens of Denton; and WHEREAS, the Comractor has requested additional funding under the Service Agreement; and WHEREAS, the City has determined that such additional funding for such services and this Amendmem serve a public and municipal purpose and are in the public imerest and that the Service Agreemem should be amended to provide for such additional funding; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. The Service Agreemem is hereby amended to increase funding under the Service Agreemem by the amoum of $1,000.00 to be used for counseling services for disabled persons. 2. The time of performance under the Service Agreement and the use of such additional funds is extended to include the effective date of this Amendment through September 30, 2004, unless sooner terminated as provided in the Service Agreemem. 3. All other terms and conditions of the Service Agreemem not amended by this Amendmem shall be in full force and effect. Signed to be effective as of the __ day of ,2003. CITY OF DENTON, TEXAS BY: MICHAEL A. CONDUFF CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT PROUTY, CITY ATTORNEY BY: REACH, INC. BY: EXECUTIVE DIRECTOR ATTEST: BY: BOARD SECRETARY Page 2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: May 27, 2003 Management and Budget Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance of the City of Demon amending a Service Agreemem between the City of Denton, Texas and Children's Advocacy Center for Denton County in the amoum of $350; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND Council Member Mark Burroughs has requested that $350 from his City Council comingency funds for FY2002-03 be provided to Children's Advocacy Cemer for Demon County to provide services. During the FY2003-04 Community Developmem Block Gram (CDBG) Budget Public Hearing, the Council heard the Human Services Advisory Committee budget recommendations. Because the requests for funding by service providers far exceeded the funds available, Council Members discussed the use of their Council Comingency funds as a way to help make up a portion of the funding gap for service providers that were either new or unable to be funded at prior year levels. Since public funds are being provided to an outside agency, an Agreemem outlining the purpose for the expenditure and reporting requirements is necessary. Funds for this Agreemem will be encumbered from FY2002-03 Council Comingency funds in the amoum of $350. ESTIMATED SCHEDULE OF PROJECT The Agreemem is for October 2, 2001 to September 30, 2004. PRIOR ACTION/REVIEW Human Services Advisory Committee; CDBG Budget Public Hearing FISCAL INFORMATION The Agreemem is for $350 and will be funded from Accoum 160099.7754 EXHIBITS Ordinance/Agreemem Respectfully submitted: Anna Mosqueda Director of Management and Budget Date: 04/16/03 Contingency Fund Expenditure Request Amount Allowed for Purchase: $350.00 Remaining Balance if Total Amount is Used: $2150.00 Description and Use of Items to be Purchased with Contingency Funds: Children's Advocacy Center - for use on a budgeted or unbudgeted expenditure for the current fiscal year. .................................. INTERNAL USE ONLY .................................. Department Responsible for Contract Compliance: City Manager's Office Purchase Order Number: Date P.O. Issued: Account Number: 160099.7754 Final Cost: Balance: Budget Approval: Date: Legal Approval: Date: CMO Approval: Robert Hanna Date: 04/16/03 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AMENDING A SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND CI411DREN'S ADVOCACY CENTER FOR DENTON COUNTY IN THE AMOUNT OF $350.00; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Children's Advocacy Center for Denton County serves an important public purpose by providing child advocacy services (the "Program") as more fitly described in that certain Service Agreement with the City of Denton effective October 2, 2001 and approved by Ordinance No. 2001-399 (the "Service Agreement'); and WHEREAS, Children's Advocacy Center for Denton County has requested that the Service Agreement be amended to provide for additional funding of $350.00 for the Program; and WHEREAS, the City Council of the City of Denton hereby finds that the Amendment to the Service Agreement attached hereto and made a part hereof by reference (the "Amendment") and the Program serve a municipal and public purpose and are in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Amendment and to carry out the duties and responsibilities of the City under the Amendment, including the expenditure of funds as provided in the Amendment. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: EULINE BROCK, MAYOR APPROVED AS TO_p.~sEGALyORM: ^TTO BY: ~~-/k-~ ..... AMENDMENT TO SERVICE AGREEMENT WITH CHILDREN'S ADVOCACY CENTER FOR DENTON COUNTY This Agreemem is made and emered imo by and between the City of DeNon, a Texas municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as City, and Children's Advocacy Cemer for DeNon County, a Texas non-profit corporation, 1960 Archer Avenue, Lewisville, Texas 75067, hereinafter referred to as Contractor. WHEREAS, the City and Comractor have previously emered imo that certain Service Agreemem effective October 2, 2001 and approved by Ordinance No. 2001-399 (the "Service Agreemem") wherein the Comractor has provided certain public services to the citizens of Denton; and WHEREAS, the Comractor has requested additional funding under the Service Agreement; and WHEREAS, the City has determined that such additional funding for such services and this Amendmem serve a public and municipal purpose and are in the public imerest and that the Service Agreemem should be amended to provide for such additional funding; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. The Service Agreemem is hereby amended to increase funding under the Service Agreemem by the amoum of $350.00 to be used for child advocacy, counseling and other services as provided in Service Agreemem. 2. The time of performance under the Service Agreement and the use of such additional funds is extended to include the effective date of this Amendment through September 30, 2004, unless sooner terminated as provided in the Service Agreemem. 3. All other terms and conditions of the Service Agreemem not amended by this Amendmem shall be in full force and effect. Signed to be effective as of the __ day of ,2003. CITY OF DENTON, TEXAS BY: MICHAEL A. CONDUFF CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT PROUTY, CITY ATTORNEY BY: CHILDREN'S ADVOCACY CENTER FOR DENTON COUNTY BY: EXECUTIVE DIRECTOR ATTEST: BY: BOARD SECRETARY Page 2 AGENDA INFORMATION SHEET AGENDA DATE: May 27, 2003 DEPARTMENT: Management and Budget ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance of the City of Demon amending a Service Agreemem between the City of Demon, Texas and Cumberland Presbyterian Children's Home in the amoum of $2,000; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND Council Member Mark Burroughs has requested that $2,000.00 from his City Council comingency fund for FY2002-03 be provided to Cumberland Presbyterian Children's Home. During the FY2003-04 Community Developmem Block Gram (CDBG) Budget Public Hearing, the Council heard the Human Services Advisory Committee budget recommendations. Because the requests for funding by service providers far exceeded the funds available, Council Members discussed the use of their Council Contingency funds as a way to help make up a portion of the funding gap for service providers that were either new or unable to be funded at prior year levels. Since public funds are being provided to an outside agency, an agreemem outlining the purpose for the expenditure and reporting requiremems is necessary. Funds for this Agreemem will be encumbered from FY2002-03 Council Comingency funds in the amoum of $2,000 ESTIMATED SCHEDULE OF PROJECT The Agreemem is for September 17, 2002 to September 30, 2004. PRIOR ACTION/REVIEW Human Services Advisory Committee; CDBG Budget Public Hearing FISCAL INFORMATION The Agreemem is for $2,000 and will be funded from Accoum 160099.7754 EXHIBITS Ordinance/Agreemem Respectfully submitted: Anna Mosqueda Director of Management and Budget Contingency Fund Expenditure Request Date: 04/16/03 Council Member: Mark Burroughs Amount Allowed for Purchase: $2000.00 Remaining Balance if Total Amount is Used: $3000.00 Description and Use of Items to be Purchased with Contingency Funds: Cumberland Presbyterian Children's Home - for use on a budgeted or unbudgeted expenditure for the current fiscal year. .................................. INTERNAL USE ONLY .................................. Department Responsible for Contract Compliance: City Manager's Office Purchase Order Number: Date P.O. Issued: Account Number: 160099.7754 Final Cost: Balance: Budget Approval: Date: Legal Approval: Date: CMO Approval: Robert Hanna Date: 04/16/03 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AMENDING A SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND CUMBERLAND PRESBYTERIAN CHII.DREWS HOME IN THE AMOUNT OF $2000.00; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Cumberland Presbyterian Children's Home serves an important public purpose by providing parental and life skills to the public (the "Program") as more fully described in that certain Service Agreement with the City of Denton effective September 17, 2002 and approved by Ordinance No. 2002-300 (the "Service Agreement"); and WHEREAS, Children's Advocacy Center for Denton County has requested that the Service Agreement be amended to provide for additional funding of $2000.00 for the Program; and WHEREAS, the City Council of the City of Denton hereby finds that the Amendment to the Service Agreement attached hereto and made a part hereof by reference (the "Amendment") and the Program serve a municipal and public purpose and are in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Amendment and to carry out the duties and responsibilities of the City under the Amendment, including the expenditure of funds as provided in the Amendment. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: EULINE BROCK, MAYOR APPROVED AS_.~EGAI~ FORM: HERB ERT ~~~ ~T~ ATTORNEY BY: - ~'-'""~ AMENDMENT TO SERVICE AGREEMENT WITH CUMBERLAND PRESBYTERIAN CHILDREN'S HOME This Agreemem is made and emered imo by and between the City of DeNon, a Texas municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as City, and Cumberland Presbyterian Children's Home, a Texas non-profit corporation, 1304 Bernard Street, Denton, Texas, hereinafter referred to as Contractor. WHEREAS, the City and Comractor have previously emered imo that certain Service Agreemem effective September 17, 2002 and approved by Ordinance No. 2002- 300 (the "Service Agreemem") wherein the Comractor has provided certain public services to the citizens of Denton; and WHEREAS, the Comractor has requested additional funding under the Service Agreement; and WHEREAS, the City has determined that such additional funding for such services and this Amendmem serve a public and municipal purpose and are in the public imerest and that the Service Agreemem should be amended to provide for such additional funding; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. The Service Agreemem is hereby amended to increase funding under the Service Agreemem by the amoum of $2000.00 to be used for in-home family counseling, life and parental skill training, housing assistance for single parents, aftercare support and other services as provided in Service Agreemem. 2. The time of performance under the Service Agreement and the use of such additional funds is extended to include the effective date of this Amendment through September 30, 2004, unless sooner terminated as provided in the Service Agreemem. 3. All other terms and conditions of the Service Agreemem not amended by this Amendmem shall be in full force and effect. Signed to be effective as of the __ day of ,2003. CITY OF DENTON, TEXAS BY: MICHAEL A. CONDUFF CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT PROUTY, CITY ATTORNEY BY: CUMBERLAND PRESBYTERIAN CHILDREN'S HOME BY: EXECUTIVE DIRECTOR ATTEST: BY: BOARD SECRETARY Page 2 AGENDA INFORMATION SHEET AGENDA DATE: May 27, 2003 DEPARTMENT: Management and Budget ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance of the City of Demon amending an Agreemem between the City of Demon, Texas and South Ridge Recreation Club in the amoum of $500; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND Council Member Perry McNeill has requested that $500 from his Council Comingency funds for FY2002-03 be allocated to South Ridge Recreation Club for projects and/or programming that will provide a public purpose. During the FY2003-04 Community Developmem Block Gram (CDBG) Budget Public Hearing, the Council heard the Human Services Advisory Committee budget recommendations. Because the requests for funding by service providers far exceeded the funds available, Council Members discussed the use of their Council Comingency funds as a way to help make up a portion of the funding gap for service providers that were either new or unable to be funded at prior year levels. Since public funds are being provided to an outside agency, an Agreemem outlining the purpose for the expenditure and reporting requiremems is necessary. Funds for this Agreemem will be encumbered from FY2002-03 Council Comingency funds in the amoum of $500. ESTIMATED SCHEDULE OF PROJECT The Agreemem is for June 19, 2002 to September 30, 2004. PRIOR ACTION/REVIEW Human Services Advisory Committee; CDBG Budget Public Hearing. FISCAL INFORMATION The Agreemem is for $500 and will be funded from Accoum 160099.7750. EXHIBITS Ordinance/Agreemem Respectfully submitted: Anna Mosqueda Director of Management and Budget Contingency Fund Expenditure Request Date: May 6, 2003 CouncilMember: PerryMcNeill ~~ / Amonnt Allowed for Purchase: $500.00 Remaining Balance if Total Amount is Used: $4500.00 Description and Use of Items to be Purchased with Contingency Funds: To be used by the Southridge Recreation Club to help pay for a project or program during the current fiscal year. .................................. INTERNAL USE ONLY .................................. Department Responsible for Contract Compliance: Purchase Order Number: Date P.O. Issued: Account Number: 160099.7750 Final Cost: Balance: Budget Approval: Date: Legal Approval: Date: CMO Approval: Robert Hanna Date: 05/06/03 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AMENDING A SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SOLrlI-I RIDGE RECREATION CLUB THE AMOUNT OF $500.00, TO PROVIDE EXPENDITURES FOR SWIMMING POOL FENCE WHICH IS OPEN TO THE PUBLIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the South Ridge Recreation Club serves an important public purpose by providing swimming pool facilities that are open to the public thereby providing recreational opportunities for the citizens of Denton (the "Program") as more fully described in that certain Service Agreement with the City of Denton effective June 19, 2002 and approved by Ordinance No. 2002-192 (the "Service Agreement"); and WHEREAS, South Ridge Recreation Club has requested that the Service Agreement be amended to provide for additional funding of $500.00 for the Program; and WHEREAS, the City Council of the City of Denton hereby finds that the Amendment to the Service Agreement attached hereto and made a part hereof by reference (the "Amendment") and the Program serve a municipal and public purpose and are in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Amendment and to carry out the duties and responsibilities of the City under the Amendment, including the expenditure of funds as provided in the Amendment. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: EULINE BROCK, MAYOR APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY AMENDMENT TO SERVICE AGREEMENT WITH SOUTH RIDGE RECREATION CLUB This Agreemem is made and emered imo by and between the City of DeNon, a Texas municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as City, and South Ridge Recreation Club, 1921 Holly Hill, Denton, Texas, a Texas non-profit corporation, hereinafter referred to as Contractor. WHEREAS, the City and Comractor have previously emered imo that certain Service Agreemem effective June 19, 2002 and approved by Ordinance No. 20021-192 (the "Service Agreemem") wherein the Comractor has provided certain public services to the citizens of Denton; and WHEREAS, the Comractor has requested additional funding under the Service Agreement; and WHEREAS, the City has determined that such additional funding for such services and this Amendmem serve a public and municipal purpose and are in the public imerest and that the Service Agreemem should be amended to provide for such additional funding; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. The Service Agreemem is hereby amended to increase funding under the Service Agreemem by the amoum of $500.00 to be used for work related to the fence around the swimming which is open to the public in accordance with the Service Agreemem. 2. The time of performance under the Service Agreement and the use of such additional funds is extended to include the effective date of this Amendment through September 30, 2004, unless sooner terminated as provided in the Service Agreemem. 3. All other terms and conditions of the Service Agreemem not amended by this Amendmem shall be in full force and effect. Signed to be effective as of the __ day of ,2003. CITY OF DENTON, TEXAS BY: MICHAEL A. CONDUFF CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT PROUTY, CITY ATTORNEY BY: SOUTH RIDGE RECREATION CLUB ATTEST: BY: Name: President BY: BOARD SECRETARY Page 2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: May 27, 2003 Electric Howard Martin, 349-8232 SUBJECT Consider approval of an ordinance of the City of DeNon, Texas adopting and approving a uniform Pole Attachment License Agreement for all pole attachment fees and charges and all conduit fees and charges involving poles and conduits owned by the City of DeNon, Texas; establishing uniform pole attachmem fees and charges; establishing uniform conduit fees and charges; authorizing the city manager to execute said agreements; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND Historically, DeNon Municipal Electric (DME) has allowed other utilities to attach their equipment and lines to DME poles. There are three agreements in place that establish the terms under which such service is allowed. "CATV Pole Lease Agreemem" between the City of DeNon, Texas and Golden Triangle Communications (now Charter Communications) · SignedMay 7, 1979 · $5.00 per pole attachmem fee · City may adjust rate every 2 years but has never done so · 6058 existing pole attachments · Terminate upon 90 days notice · Must remove attachment within 30 days of notice or DME can remove at license's expense "Communication Pole Lease Agreemem" between the City of DeNon, Texas and North Texas State University (now UNT) · Signed March 1, 1983 · $5.00 per pole attachmem fee · City may adjust rate every 2 years but has never done so · 14 existing pole attachments · Terminate upon 90 days notice · Must remove attachment within 30 days of notice or DME can remove at license's expense "Joint Use Contract" between the City of Denton and General Telephone Company of the Southwest (now Verizon) · Signed July 25, 1967, effective January 1, 1966 · $2.50 per pole attachment fee; amended to $5.00 per pole attachment January 29, 1980 · No provision for rate adjustment without contract amendment, which requires mutual agreement · 3256 existing pole attachments · Terminate on 1-year notice "provided further that notwithstanding such termination, this Agreement shall remain in full force and effect with respect to all poles jointly used by parties at the time of such termination." · If DME removes its equipment from a DME installed pole, jointly used by Verizon, DME must under the terms of the Contract give the pole to Verizon. As can be seen from this short summary and is even more apparent from a detailed review of these documents, they are out of date. Furthermore, the rate for this service needs to be adjusted to be compatible with the cost of providing the service today. Also, the inability to require Verizon to remove their facilities from poles abandoned by DME in favor of underground installations has resulted in areas in the City where Verizon has failed to remove overhead installations. Examples of this are the facilities at 1-35 and Pace's Crossing; Teasley Lane at Wind River; Oak Street between Austin and Bell; Bell Place at North Bell; and East McKinney at the County Court House. This problem must be resolved. In addition, competition has now been introduced in both the telecommunications and cable industries, which has resulted in competition for the limited amount of unused space on both utility poles and in utility underground conduit. This space has become a valuable commodity. The federal government has set forth guidelines on both the criteria and fees that may be applied to the use of such space. The Federal Communications Commission (FCC) has developed rules that interpret these guidelines. Section 54.204(c) of the Texas Public Utility Regulatory Act (PURA), provides that a municipal utility in Texas "may not charge a pole attachment rate or underground conduit rate that exceeds the fee the utility would be allowed to charge if the utility's rates were regulated under federal law and the rules of the Federal Communications Commission." In order to assure that DME's pole attachment criteria and fees meet FCC standards, DME participated in a Texas Public Power Association (TPPA) work group that developed a model Pole Attachment Agreement together with pole and conduit use rate development formulas that adhere to FCC standards. This effort ultimately resulted in the APPA Pole Attachment Work Book, published in December 2002. The TPPA work group work product and the APPA Work Book was written by Attorneys James Baller and Sean Stokes, of the Baller Herbst Law Group, P.C., Washington, D.C. (a firm that specializes in communications law); by Chuck Forster of Forster Electrical Engineering, Inc.; and by Thomas Unke of the certified public accounting and consulting form ofVirchow Krause & Company, L.L.P.. The attached Pole Attachment Agreement and associated rates are based on the cost-based rate formulas and model Pole Attachment Agreement developed through this effort. The proposed Pole Attachment Agreement and rates will be applied uniformly to all entities wishing to use the space designated by the FCC for communications facilities. It provides a business-like approach to the granting of "licenses" for the use of such facilities, sets reasonable and uniform technical standards for such use, and allows DME to remove such facilities, at the licensee's expense, if the licensee does not do so after thirty (30) days notice. The rates calculated by the cost-based formulas are $24.45 per pole attachment/per year and $0.38 per linear foot of primary conduit used/per year. These rates were developed by DME using assumptions that do not result in the highest possible rates chargeable under the formula. These rates include recovery of ROI as well as Franchise payments for the City general government. The rates can be changed by the City Council with sixty (60) days notice. There is also an annual cost-of-living provision regarding the rates that is keyed to the CPI. Once the Public Utilities Board and City Council have approved the standard Pole Attachment Agreement and the initial rates, legal notice of termination will be provided to the licensees under the existing agreements. The new Agreement will replace the old Agreements when the terminations become effective. In the case of Verizon, it may be necessary for the City to file a declaratory judgment cause of action in the Denton County District Courts in order to obtain a judgment that construes the somewhat ambiguous contract provisions regarding termination, dating back to the 1960's, and which ostensibly requires DME to apply the terms of the old Agreement forever on the existing 3256 pole attachments by Verizon. DME has been requested to provide pole attachment licenses to the Denton Independent School District (DISD) for a fiber optic line on 106 poles on Sherman Drive from Loop 288 to Locust and on Locust from Sherman Drive to the DISD Technology Center. The new Agreement will apply to that request. RECOMMENDATIONS Approval of the new Agreement and associated rates is recommended. Retention of the existing Agreements is not a viable option because: · The provisions were developed during a period when competitive communications did not exist. · The rate under the existing Agreements does not recover the cost of providing the service · The terms of the existing Agreements are not uniform. Federal law now requires that a service provider may not discriminate between providers of communications services as it relates to rates and terms of service. Development of an Agreement and/or rates that differ from the recommendations of the TPPA work group and the APPA Work Book risks violation of FCC rules. PRIOR ACTION/REVIEW (Council, Boards, Commission) The Public Utilities Board approved the proposed contract and rates at their May 5, 2003 meeting by a vote of 7 to 0 FISCAL INFORMATION Annual revenue from the existing pole attachments will be $228,069.60. $17,105.22 of this amount will be paid to the City general government by DME for the City franchise fee and Return on Investment. The annual revenue from DISD for their requested route is $2,591.70 for the DME poles impacted. In addition, DISD will require pole attachment licenses from Verizon for 14 poles. DISD also has the option of renting dark fiber service from DME for annual costs ranging from $500 to $2,000, depending on the route they select. EXHIBITS 1. Ordinance 2. Standard Pole Attachment License Agreement 3. PUB Meeting Minutes Respectfully submitted: Sharon Mays Director of Electric Utilities ORDINANCE NO. 2003- AN ORDINANCE OF THE CITY OF DENTON, TEXAS ADOPTING AND APPROVING A UNIFORM POLE ATTACHMENT LICENSE AGREEMENT FOR ALL POLE ATTACHMENT FEES AND CHARGES AND ALL CONDUIT FEES AND CHARGES INVOLVING POLES AND CONDUITS OWNED BY THE CITY OF DENTON, TEXAS; ESTABLISHING UNIFORM POLE ATTACHMENT FEES AND CHARGES; ESTABLISHING UNIFORM CONDUIT FEES AND CHARGES; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENTS; AUTHORIZING THE EXPENDITUR~ OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the matter of pole attachments and conduit fees has been brought before the City Council for its consideration; and WHEREAS, over twenty (20) years has passed since the City Council last approved a "Communication Pole Lease Agreement" by and between the City and the University of North Texas; there are a total of three (3) agreements, with different terms, different provisions, different termination procedures, different obligors, but uniform rates, that are in existence regarding the subject of pole attachments; and WHEREAS, both competition and deregulation have since occurred and have impacted the market, and there is now competition for the limited amount of utility poles and in utility underground conduit; over time, this pole space has become a valuable commodity; and WHEREAS, recently the Federal Communications Commission ("FCC") has established guidelines on both the criteria and fees that may be applied by the owner of poles for the use of such space, and has developed rules that interpret these guidehnes; and WHEREAS, §54.204(c) of the Texas Public Utility Regulatory Act ("PURA") provides that a municipal utility in Texas may not charge a pole attachment rate or underground conduit rate that exceeds the fee the utility would be allowed to charge if the utility's rates were regulated under federal law and the rules of the FCC; and WHEREAS, City Staff has participated in a project where a group of cities in Texas participated in a work group that developed a model pole attachment agreement with pole attachment and conduit use rate development formulas that adhere to the FCC standards; in December, 2002 this effort resulted in the American Public Power Association ("APPA") Pole Attachment Work Book, which also contained the a Pole Attachment License Agreement, which is substantially the "Pole Attachment License Agreement" (the "Agreement") which is attached hereto; and WHEREAS, the Agreement provides a tm/form agreement applicable to all entities attaching to the City's poles and to users of the City's communications facihties; at a uniform rate of compensation to be paid to the City; in the form of a license; adopting EXHIBIT 1 reasonable and uniform technical standards for such use, clearly permitting the City to remove such facilities, at the licensee's expense, if the licensee does not do so after thirty (30) days notice; and WHEREAS, the rates recommended by Staff are $24.45 per pole attachment/per year and $.38 per linear foot of primary conduit used/per year. These rates were developed by Staff utilizing the APPA Pole Attachment Work Book, and utilize assumptions that do not result in the highest possible rates that are chargeable under the formula; which rates arguably provide for cost-recovery, and include the recovery of both ROI and franchise payments which are recoverable by the City's general government; the Agreement provides for changes in rates by the City Council upon sixty (60) days notice; and said rates are also factored by an armual cost-of-living provision; and WHEREAS, the City Council understands that the new "Agreement" shall replace the three (3) existing pole attachment agreements now in effect, when the terminations of these three (3) previous agreements become effective. NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council hereby approves and adopts the attached "Pole Attachment License Agreement" as the uniform agreement goveming all pole attachments and use of conduit applicable to all City-owned pole attachments and conduits, from and after the effective date of this Ordinance. SECTION 2. That the City Council hereby approves and adopts the fee of $24.45 per pole attachment/per year as the "Pole Attachment Rate" until further ordinance by the City Council is approved. SECTION 3. That the City Council hereby approves and adopts the fee of $.38 per linear foot of primary conduit used/per year as the "Conduit Rate" until further ordinance by the City Council is approved. SECTION 4. The City Manager is hereby authorized to execute and deliver on behalf of the City, a "Pole Attachment License Agreement" between the City of Denton, Texas and any and all persons or entities desiring to attach to the City's poles or conduits, which Agreement is attached hereto as Exhibit "A" and incorporated herewith by reference. SECTION 5. That the expenditure of funds as provided in the attached Pole Attachment License Agreement(s) is hereby authorized. SECTION 6. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ~ 2003. EULINE BROCK, MAYOR ATTEST: JENNITFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: S:\Our Documents\Orciinances\03~ole Attachment License Agreement Ordinance-2003.doc STATE OF TEXAS § COUNTY OF DENTON § POLE ATTACHMI~,NT LICENSE AGREEMENT ThisPole Attachment Licensing A~eement (the "Agreement") dated this day o£.~__ , 2003 is made I0~ and between DENTON MUNICIPAL ELECTRAC (hereinafter referred to as 'Utility" or as "Licensor"), a mtmicipally-owned electric utility of the State of Texas, and (here/halter referred to as "Licensee'3. Recitals II IIIII I F, Whereas, Licensee proposes to install and maintain Communications Facilities and associated commtmications equipment on Utility's Poles to provide Communications Services to the public; and Whereas, Utility is willing, when it may lawfully do so, to issue one or more Permits authorizing the placement or installation of Licensee's Attachments on Utility's Poles, provided that Utility may refuse, on a nondiscriminatory basis, to issue a Permit where there is insufficient Capacity or for reasons relating to safety, reliability, generally applicable engineering purposes and/or any other Applicable Standard; and Whereas, on the __ day of , 19_____, Utility and Licensee entered into a [insert name of prior agreement] (e.g., the "19__ Agreement"); and Whereas, by U.S. Mail, Certified Mail, Return Receipt Requested, by letter dated May . , 2003, Utility gave notice to Licensee that Utility/Licensor was terminating the 19~ Agreement effective ., 200_; and Whereas, the parties intend that this Agreement replace the 19 its termination; and Agreement on Therefore, in consideration of the mutual covenants, terms and conditions amd remunerations herein provided, and the rights and obligations created hereunder, both parties hereto AGREE as follows: [EXHIBIT Pole Attachment License Agreement AGREEMENT Article l~Definitions For the purposes of this Agreement, the following terms, phrases, words, and their derivations, shall have the meaning ~ven herein, un/ess more specitScally defined within a specific Article or Paragraph of this Agreement. When not inconsistent with the context, words used in the present tense include the future tense, words m the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be ~ven their common and ordinary meaning. 1,1¸ 1.2 1.3 1.4 Affiliate: when used in relation' to Licensee, means another entity that owns or controls, is owned or controlled by, or is under common ownership or control with Licensee. Applicable Standards: means all apphcable engineering and safety standards governing the installation, maintenance and operation of facilities and the performance of all work in or around electric Utility Facilities and includes the most current versions of National Electr/c Safety Code ("NESC"), the National Electrical Code ("NEC"), and the regulations of the Occupational Safety and Health Administration ("OSHA"), each of which is incorporated by reference in th/s Agreement, and/or other reasonable safety and engineering requirements of Utility or other federal, state or local authority with jurisdiction over Utility Facilities. AssiEned Sp,a, ce: means space on Utility's Poles or within Utility's Conduit System that can be used, as defined by the Applicable Standards, for the attachment or placement of wires, cables and associated equipment for the provision of Communications Service or electric service. The neutral zone or safety space is not considered Assigned Space. Attaching Enti~: means any public or private entity, other than Utility or Licensee, who, pursuant to a license agreement with Utility, places an Attachment on Utility's Pole or within Ut/lity's Conduit System to provide Communications Service. 2 Pole Attachment License Agreement 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 Attachment(s): means any and all of Licensee's Communications Facilities that are placed directly on Utility's Poles or Overlashed onto an existing Attachment or that are placed within Utility's Conduit System, but does not include either a Riser or a service drop attached to a single Pole where Licensee has an existing Attachment on such Pole. Capacity.: means the ability of a Pole or Conduit System segment to accommodate an additional Attachment based on Applicable Standards, including space and toading considerations. Climbing Space: means that portion of a Pole's surface and surrounding space that is free from encumbrances to enable Ufihty employees and contractors to safely climb, access and work on Utility Facilities and equipment. Common Space: means space on Utility's Poles that is not used for the placement of wires or cables but which jointly benefits all users of the Poles by supporting the underlying structure and/or providing safety clearance between attaching entities and electric Utility Facilities. Communications Facilities: means wire or cable facilities including but not limited to fiber optic, copper and/or coaxial cables or wires utilized to provide Communications Service including any and ~1 associated equipment. Unless otherwise specified by the parties, the term "Communications Facilities" does not includes wireless antennas, receivers or transceivers. Communications Service: means the transmission or receipt of voice, video, data, Interact or other forms of digital or analog signals over Communications Facilities. Conduit System: means Utility's conduits, Innerduct, manholes, vaults, Risers, pull-boxes and trenches. Innerduct: means flexible conduit installed inside a larger rigid conduit for the placement of wire or cable. Licensee: means successors and assignees. , its authorized Pole Attachment License Agreement 3 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 Make-Ready Work: means all work, as reasonably determined by Utility, required to accommodate Licensee's Communications Facilities and/or to comply with ali Applicable Standards. Such work includes, but is not limited to, Pre-Construction Survey, rearrangement and/or transfer of Utility Facilities or existing Attachments, inspections, engineering work, pen-hitting work, tree tr/mming (other than tree trimming performed for normal maintenance purposes), pole replacement and construction, or Conduit System clearing. Occupancy: means the use or specific reservation of Assigned Space for Attachments on the same Utility Pole or portion of Utility's Conduit System. Overlash: means to place an additional wire or cable Communications Facility onto an existing Attaclament owned by Licensee. Pedestals/Vaults/Enclosures: means above- or below-ground housings that are used to enclose a cable/wire splice, power supplies, amplifiers, passive devices and/or provide a service connection point and that shall not be attached to Utility Poles (see Appendix D--Specifications). Permit: means written or electronic authorization (see Appendix C) of Utility for Licensee to make or maintain Attachments to specific Utility Poles or spans of the Conduit System pursuant to the requirements of this Agreement. ,Pole: means a pole owned by Utility used for the distribution of electricity and/or Communications Service that is capable of supporting Attachments for Communications Facilities. Post-Construction Inspection,: means the inspection required by Utility to determine and verify that the Attachments have been made in accordance with Applicable Standards and the Permit. Pre-Construction Su~ev: means all work or operations required by Applicable Standards and/or Utility to determine the potential Make-Ready Work necessary to accommodate Licensee's Communications Facilities on a Pole or witkin a span of the Conduit System. Such work includes, but is not limited to, field/nspection and administrative processing. The Pre-Construction Survey shall be coordinated with Utility and include Licensee's professional engineer. 4 Pole Attachment License Agreement 1.22 1.23 Reserved Cap. aci .ty: means capacity or space on a Pole or within a portion of the Conduit System that Utility has identified and reserved for its own electric utility requirements, including the installation of communications circuits for operation of Utility's electric system, pursuant to a reasonable projected need or business plan. Riser: means metallic or plastic encasement materials placed vertically on the Pole to guide and protect communications wires and cables. 1.24 Utility Facilities: means all personal property and real property owned or controlled by Utility, including Poles and Conduit System. Article 2--Scope of Agreement 2.1 2.2 2.3 2.4 Grant of License. Subject to the provisions of this Agreement, Utility hereby grants Licensee a revocable, nonexclusive license, authorizing Licensee to install and maintain Permitted Attachments to Utility's Poles and to install its Communications Facilities within Utility's Conduit System. Parties Bonnd bv A~reement. Licensee and Utility agree to be bound by all provisions of this Agreement. Permit Issuance Conditions. Utility will issue a Permit(s) to Licensee only when Utility determines, in its sole judgment, exercised reasonably, that (i) it has sufficient Capacity to accommodate the requested Attachment(s), (ii) Licensee meets all requirements set forth in this Agreement, and (iii) such Permit(s) comply with all Applicable Standards. Reserved Capacity. Access to Assigned Space on Utility Poles will be made available to Licensee with the understanding that such access is to Utility's Reserved Capacity only. On giving Licensee at least thirty (30) calendar days prior notice, Utility may reclaim such Reserved Capacity anytime during the period following the installation of Licensee's Attachment in wttich tiffs Agreement is effective if required for Utility's future etecthc service use, including the attachment of communications lines for internal Utility operational or governmental communications requirements. Utility shall give Licensee the option to remove its Attachment(s) fi:om the affected Pole(s) or to pay for the cost of any Make-Ready Work needed to expand Capacity so that Licensee can maintain its Attachment on the affected Pole(s). The allocation of the cost of any such Make-Ready Work (including the transfer, rearrangement, or relocation of third-party Attachments) shall be determined in accordance with Article 9. Pole Attachment License Agreement 5 2.5 2.6 2.7 2.8 2.9 2.10 2.11 No Interest .in Pro. per ,ry. No use, however lengthy, of any Utility Facilities, and no payment of any fees or charges required under this Agreement, shall create or vest in Licensee any easement or other ownership or property right of any nature in any portion of such Facilities. Neither this Agreement, nor any Permit granted under this Agreement, shall constitute an assignment of any of Utitity's rights to Utility Facilities. Notwithstanding anything in th/s Agreement to the contrary, Licensee shall, at ali times, be and remain a licensee only. Licensee's Right to Attach. Nothing in this Agreement, other than a Permit issued pursuant to Article 6, shall be construed as granting Licensee any fight to attach Licensee's Communications Facilities to any specific Pole or within any specific portion of the Conduit System. Utilitg's Rights over Poles. The parties agree that this Agreement does not in any way limit Utility's right to locate, operate, maintain or remove its Poles or conduit System in the manner that w/Il best enable it to fulfill its service requirements. Expansion of Capaci,ty. Utility will take reasonable steps to expand Pole/ Conduit System Capacity when necessary to accommodate Licensee's request for Attachment. Notwithstanding the foregoing sentence, nothing in this Agreement shall be construed to require Utility to install, retain, extend or maintain any Pole or portion of the Conduit System for use when such Pole/Conduit System is not needed for Utility's service requirements. ..Other Agreem. eh..ts. Except as provided herein, nothing in this Agreement shall limit, restrict, or prohibit Utility from fulfilling any agreement or arrangement regarding Poles into which Utility has previously entered, or may enter in the future, with others not party to this Agreement. Permitted Uses. This Agreement is limited to the uses specifically stated in the recitals stated above and no other use shall be allowed without Utility's express written consent to such use. Nothing in this Agreement shall be construed to require Utility to allow Licensee to use Utility's Poles or Conduit System after the termination of this Agreement. Overlas.hing. The following provisions will apply to Overlashing: 2.11.1 A Permit shall be obtained for each Overlashing pursuant to Article 6. Absent such authorization, Overlashing constitutes an unauthorized Attachment and is subject to the Unauthorized Attachment fee specified in Appendix A, Item 3. 6 Pole Attachment License Agreement 2.11,2 If Licensee demonstrates that the Overlashing of Licensee's Attachment(s) is required to accommodate Licensee's Communications Facilities, Utility shall not withhold Permits for such Overlasking if it can be done consistent with Paragraph 2.3. Overlashing performed pursuant to this Paragraph 2.11.2 shall not increase the Annual Attachment Fee paid by Licensee pursuant to Appendix A, Item 1. Licensee, however, shall be responsible for ali Make-Ready Work and other charges associated with the Overlashing but shall not be required to pay a separate Annual Attachment Fee for such Overlashed Attachment. 2.11.3 If Overlashing is required to accommodate facilities of a third party, such third party must enter into a license agreement w/th Utility and obtain Permits and must pay a separate Attachment Fee (Appendix A, Item 1) as well as the costs of ali necessary Make-Ready Work required to accommodate the Overlashing. No such Permits to third parties may be granted by Utility allowing Overlashing of Licensee's Communications Facilities unless Licensee has consented in writing to such Overlashing. Overlashing performed under this Paragraph 2.11.3 shall not increase the fees and charges paid by Licensee pursuant to Appendix A, Item 1. Nothing in this Agreement shall prevent Licensee from seeking a contribution from an Overlashing third party to defray fees and charges paid by Licensee. 2.11.4 Make-Ready Work procedures set forth iff Article 7 shall apply, as necessary, to all Overlashing. 2.12 Enclosures. Licensee shall not place Pedestals, Vaults and/or other Enclosures on or within four (4) feet of any Pole or other Utility Facilities without Utility's prior written permission. If permission is granted, all such installations shall be per the Specifications and Drawings inAppendix D of this Agreement and charges as provided in Appendix A. Such permission shall not be unreasonably withheld. Article 3--Fees and Charges 3.1 Payment of Fees and Char~es. Licensee shall pay to Utility the fees and charges specified in Appendix A and shah comply with the terms and conditions specified herein. Pole Attachment License Agreement ? 3.2 3.3 3.4 3.5 3.6 3,7 3.8 .payment Period. Unless otherwise expressly provided, Licensee shall pay any invoice its receives from Utility pursuant to this Agreement within thirty (30) calendar days after Utility issues the invoice. Billin~g of Attachment Fee. Utility shall invoice Licensee for the per-pole Attachment Fee annually. Utility will submit to Licensee an invoice for the annual rental period no later than June 30 of each year. The initial annual rental period shall commence upon the execution of this Agreement and conclude on June 30, 2004, with rental due and payable in arrears [calculated on a per diem basis] on July I5, 2004; and-the next subsequent annual rental, period shall commence on July 1, 2004 and conclude on June 30, 2005, with rental due and payable in arrears on July 15, 2005; and the annual rental period to continue on the Ist day of July, 2005 until June 30, 2006, with rental due and payable in arrears on July t5, 2006, and so on for subsequent one year terms, with rental due and payable as specified as provided herein, until such time as this Agreement is terminated. The invoice shall set forth the total number of Utility's Poles on which Licensee was issued and/or holds a Permit(s) for Attachments during such annual rental period, including any previously authorized and valid Permits. Refunds, No fees and charges specified in Appendix A shall be refunded on account of any surrender of a Permit granted hereunder. Nor shall any refund be owed [fa Pole or portion of Conduit System is abandoned by Utility. Late Charge. If Utility does not receive payment for any fee or other mount owed within thirty (30) calendar days after it becomes due, Licensee, upon receipt of fii~een (15) calendar days written notice, shall pay interest to Utility, at the rate often percent (10%) per annum, on the amount due. Payment for Work. Licensee will be responsible for payment to Utility for all work Utility or Utility's contractors perform pursuant to this Agreement to accommodate Licensee's Communications Facilities. Advance Payment. At the discretion of Utility, Licensee may be required to pay in advance all reasonable costs, including but not limited to admimstrative, construction, inspections and Make-Ready Work expenses, in connection with the initial installation or rearrangement of Licensee's Communications Facilities pursuant to the procedures set forth in Articles 6 and 7 below. True Up. Wherever Utility, at its discretion, requires advance payment of estimated expenses prior to undertaking an activity on behalf of Licensee and 8 Pole Attachment License A ¢reernent the actual cost of activity exceeds the advance payment of estimated expenses, Licensee a~ees to pay Utility for the difference in cost. To the extent that the actual cost of the activity is less than the estimated cost, Utility agrees to refund to Licensee the difference in cost. 3.9 Determination of Charges. Wherever this Agreement requires Licensee to pay for work done or contracted by Utility, the charge for such work shall include all reasonable material, labor, engineering and administrative costs and applicable overhead costs. Utility shall bilI its services based upon actual costs, and such costs will be determined in accordance with Utility's cost accounting systems used for recording capital and expense activities. All such invoices shall include an itemization of dates of work, location of work, labor costs per hour, persons employed and materials used and cost of materials. When calculating labor costs, it will be the greater of the loaded costs of municipal labor or that of the going current "Union scale." If Licensee was required to perform work and fails to perform such work necessitating its comptetien by Utility, Utility may either charge an additional ten percent (10%) to its costs or assess the penalty specified in Appendix A. 3.10 Work Performed by Utili.ty. Wherever this Agreement requires Utility to perform any work, Licensee acknowledges and agrees that Utihty, at its sole discretion, may utilize its employees or contractors, or any combination of the two to perform such work. 3.11 Default for Nonpayment. Nonpayment of any amount due under this Agreement beyond sixty (60) days shall constitute a material default of this Agreement. II Article 4--Specifications 4.1 Installation/Maintenance of Communications Facilities. When a Permit is issued pursuant to this Agreement, Licensee's Communications Facilities shall be installed and maintained in accordance with the requirements and specifications of Appendix D. All of Licensee's Communications Facilities must comply with all Applicable Standards. Licensee shall be responsible for the installation and maintenance of its Communications Facilities. Licensee shall, at its own expense, make and maintain its Attachments in safe condition and good repair, in accordance with att Applicable Standards. Notwithstanding anything in this Agreement to the contrary, Licensee is not required to update or upgrade its Attachmont~ where not required to do so by either the NESC or the NEC. Pole Attachment License Agreement 9 4.2 4.3 4.4 4.5 4.6 Interference. Licensee shall not allow its Communications Facilities to impair the ability of Utility or any third party to use Utitity's Poles or Conduit System, nor shall Licensee 'allow its Communications Facilities to interfere with the operation of an.y Utility Facilities. Protective Equipment. Licensee, and its employees and contractors, shall utilize and install adequate protective equipment to ensure the safety of people and facilities. Licensee shall at its own expense install protective devices designed to handle the voltage and current impressed on its Communications Facilities in the event of a contact with the supply conductor. Except as provided in Paragraph 16.1, Utility shall not be liable for any actual or consequential damages to Licensee's Communications Facilities or Licensee's customers' facilities. Violation of Specifications. If Licensee's Communications Facilities, or any part thereof, are installed, used or maintained m violation of this Agreement, and Licensee has not corrected the violation(s) within thirty (30) calendar days from receipt of whtten notice of the violation(s) from Utility, Utility at its option, may correct suct~ conditions. Utility will attempt to notify Licensee in writing pr/or to performing such work whenever practicable. When Utility believes, however, that such violation(s) pose an immediate threat to the safety of any person, interfere with the performance of Utility's service obligations or pose an mediate threat to the physical integrity of Utility Facilities, Utility may perform such work and/or take such action as it deems necessary without first giving written notice to Licensee. As soon as practicable thereafter, Utility will advise Licensee of the work performed or the action taken. Licensee shall be responsible for all costs incurred by Utility in taking action pursuant to this Paragraph. Restoration of Utilitw Service. Utility's service restoration requirements shall take precedence over any and all work operations of Licensee on Utility's Poles or within Utility's Conduit System. Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to this Agreement and/or applicable Perm/t(s) within ninety (90) calendar days of the effective date of such fight and any extension thereof, Utility may use the space scheduled for Licensee's Attachment(s) for its own needs or other Attaching Entities. In such instances, Utility shall endeavor to make other space available to Licensee, upon written application per Article 6, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions. Licensee may obtain a refund on a 1t) Pole Attachment License Agreement pro-rata basis of any Attachment Fees it has paid in advance with respect to expired Permits. 4.7 Interference Test Equipment. To the extent Licensee furnishes cable television service it shall maintain test equipment to identify signal interference to its customers, and shall not identify Utility as the source of such interference absent a test report verifying the source. 4.8 Removal of Nonfunctional Attachments. At its sole expense, Licensee shall remove any of its Attachments or any part thereof that becomes nonfunctional and no longer fit for service ("Nonfunctional Attachment") as provided in this Paragraph 4.9. A Nonfunctional Attachment that Licensee t~as failed to remove as required in this paragraph shall constitute an unauthorized Attachment and is subject to the Unauthorized Attachment fee specified in Appendix A, Item 3. Except as otherwise provided in this Agreement, Licensee shall remove Nonfunctional Attachments within one (I) year of the Attachment becoming nonfunctional, unless Licensee receives written notice from Utility that removal is necessary to accommodate Utility's or another Attaching Entity's use of the affected Pole(s) or portion of the Conduit System, in which case Licensee shall remove the Nonfunctional Attachment within sixty (60) days of receiving the notice. Where Licensee has received a Permit to Overlash a Nonfunctional Attachment, such Nonfimctional Attachment may remain in place until Utility notifies Licensee that removal is necessary to accommodate Utility's or another Attaching Entity's use of the affected Pole(s). Licensee shall give Utility notice of any Nonfimctional Attachments as provided in Article 15. Article 5.. 5.1 I IIIII II II -- Private and Regulatory Compliance Necessary Authorizations. Licensee shall be responsible for obtaining from the appropriate public and/or private authority or other appropriate persons any required authorization to construct, operate and/or maintain its Communications Facilities on public and/or private property before it occupies any portion of Utility's Poles. Utility retains the right to require evidence that appropriate authorization has been obtained before any Permit is issued to Licensee. Licensee's obligations under this Article 5 include, but are not Ikmited to, its obligation to obtain all necessary approvals to occupy public/private fights-of- way and to pay all costs associated therewith. Licensee shall defend, indemnify and reimburse Utility for ali loss and expense, including reasonable attorney's £ees, that Utility may incur as a result of claims by governmental bodies, owners Pole Attachment License Agreement 11 of private property, or other persons, that Licensee does not have sufficient rights or authority to attach Licensee's Communications Facilities on Utility's Poles or within its Conduit System. 5.2 Lawful PurPose and Use. Licensee's Communications Facilities must at all times serve a lawful purpose, and the use of such Facilities must comply with all applicable federal, state and local laws. 5.3 Forfeiture of Utility's_...Rights. No Permit granted under this Agreement shall extend to any Pole or within any Conduit System on/in which the Attachment of Licensee's Communications Facilities would result in a forfeiture of Utility's rights. Any Permit, which on its face would cover Attachments that would result in forfeiture of Ufility's fights, is invalid. Further, if any of Licensee's existing Communications Facilities, whether installed pursuant to a valid Permit or not, would cause such forfeiture, Licensee shall promptly remove its Facilities upon receipt of written notice from Utility. Utility will perform such removal at Licensee's expense not sooner than the expiration of thirty (30) calendar days from Utitity's issuance of the written notice. 5.4 Effect of Consent to Construction/Maintenance. Consent by Utility to the construction or maintenance of any Attachments by Licensee shall not be deemed consent, authorization or an acknowledgment that Licensee has the authority to construct or maintain any other such Attachments. It is Licensee's responsibility to obtain all necessary approvals for each Attachment from all appropriate parties or agencies. Article 6 6.1 Permit Application Procedures Permit Required. Licensee shall not install any Attachments on any Pole or within any Utihty Conduit System without first applying for and obtaining a Permit pursuant to the applicable requirements of Appendix B. Unless otherwise notified, pre- existing authorized Attachment(s) of Licensee as of the effective date of this Agreement shall be grandfathered with respect to Perm/kg, but shall be subject to thc Attachment Fees. Licenae~ shall provide Utility with a list of all such pre-existing Attachments within six (6) months of the effective date of this Agreement. Attachments to or rights to occupy Utility Facilities not covered by this Agreement must be separately negotiated. 6.2 Permits for Overlashinq. As set out in Paragraph 2.11, Permits are required for any Overlashing allowed under tkis Agreement and Licensee, Licensee's Affiliate 12 Pole Attachment License Agreement 6.3 or other third party, as applicable, shall pay any necessary Make-Ready Work costs to accommodate such Overlashing. Professional Certification. Unless ott~erwise waived in writing by Utility, as part of the Permit application process and at Licensee's sole expense, a qualified and experienced professional engineer, or an employee or contractor of Licensee who has been approved by Utility, must participate in the Pre-Construction Survey, conduct the Post~Construction Inspection and certify that Licensee's Commun/cations Facilities can be and were installed on the identified Poles or within specified portions of the Conduit System in compliance with the standards in Paragraph 4.1 and in accordance with the Permit. The professional engineer's qualifications must include experience performing such work, or substantially similar work, on electric transmission or distribution systems. Utility, at its discretion, may waive the requirements of this Paragraph 6.3, with respect to service drops. 6.4 6.5 Util. ity Review of Permit Aoplication. Upon receipt of a properly executed Application for Permit (Appendix C), which shall include the Pre-Construction Survey, certified per Paragraph 6.3 above, and detailed plans for the proposed Attachments in the form specified in Appendix D, Utility will review the Permit Application as promptly as possible, and discuss any issues with Licensee, including engineering or Make-Ready Work requirements associated with the Permit Application. Utility acceptance of the submitted design documents does not relieve Licensee of full responsibility for any errors and/or omissions in the engineering analysis. Permit as Authorization to Attach~ After receipt of payment for any necessary Make-Ready Work, Utility will sign and return the Permit Application, wh/ch shall serve as authorization for Licensee to make its Attachment(s). III i ii Article 7 Make-Ready Work/Installation 7.1 7.2 Estimate for Make-Ready Work. In the event Utility determines that it can accommodate Licensee's request for Attachment(s), including Overlashing of an existing Attachment, it will, upon request, advise Licensee of any estimated Make-Ready Work charges necessary to accommodate the Attachment. Payment of Make-Rea.dy Work. Upon completion of the Make-Ready Work, Utility shall invoice Licensee for Utility's actual eo~t of such Make-Ready Work. Alternatively, Utility, at its discretion, may require payment in advance for Make- Pole Aftachment License Agreement 13 7.3 7.4 7.5 7.6 Ready Work based upon the estimated cost of such work. In such case, upon completion Licensee shall pay Utility's actual cost of Make-Ready Work. The costs of the work shall be itemized as per Paragraph 3.9 and trued up as per Paragraph 3.8. Who May Perform Make-Ready Work. Make-Ready Work shall be performed only by Utility and/or a contractor authorized by Utility to perform such work. If Utility cannot perform the Make-Ready Work to accommodate Licensee's Communications Facilities within ninety (90) calendar days of Licensee's request for Attachments, Licensee may seek permission from Utility for Licensee to employ a qualified contractor to perform such work. Scheduling of Make-Ready Work. In performing ali Make-Ready Work to accommodate Licensee's Communications Facilities, Utility Will endeavor to include such work in its normal work schedule. In the event Licensee requests that the Make-Ready Work be performed on a priority basis or outside of Utility's normal work hours, Licensee agrees to pay any resulting increased costs. Noth/ng herein shall be construed to require performance of Licensee's work before other scheduled work or Utility service restoration. Written Aporoval of Installation Plans Required4 Before making any Attachments to Utility's Poles or Conduit System, including Overlashing of existing Attachments, the applicant must obtain Utitity's written approval of detailed plans for the Attachments. Such detailed plans shall accompany a Permit application as required under Paragraph 6.4. Licensee's Installation/Removal/Maintenance Work. 7.6.1 All of Licensee's installation, removal and maintenance work shall be performed at Licensee's sole cost and expense, in a good and workmanlike manner, and must not adversely affect the structural integrity of Utility's Poles, Conduit System or other Facilities or other Attaching Entity's facilities or equipment attached thereto. All such work is subject to the insurance requirements of Article 18. 7.6.2 All of Licensee's installation, removal and maintenance work performed on Utitity's Poles or within its Conduit System or in the vicinity of other Utility Facilities, either by its employees or contractors, shall be in compliance with all applicable regulations specified in Paragraph 4. I. Licensee shall assure that any person installing, maintaining, or removing 14 Pole Attachment License Aflreernent its Communications Facilities is fully qualified and familiar with all Applicable Standards, the provisions of Article 17, and the Minimum Design Specifications contained in Appendix D. Ill I Article 8 Transfers II. 8.1 Required Transfers of Licensee's Communications Facilities. If Utility reasonably determines that a transfer of Licensee's Commun/cations Facilities is necessary, Licensee agrees to allow such transfer. In such instances, Utility will, at its option, either perform the transfer using its personnel, and/or contractors and/or require Licensee to perform such transfer at its own expense within sixty (60) calendar days after receiving notice from Utility. If Licensee fails to transfer its Facilities within sixty (60) calendar days after receiving such notice fi'om Utility, Utility shall have the fight to transfer Licensee's Facilities using its personnel and/or contractors at Licensee's expense plus the penalty specified in Appendix A. Utility shall not be liable for damage to Licensee's Facilities except to the extent provided in Paragraph 16.1. The written advance notification requirement of this Paragraph shall not apply to emergency situations, in which case Utility shall provide such advance notice as is practical given the urgency of the particular situation. Utility shall then provide written notice of any such actions taken within ten (10) days of the occurrence. Irrespective of who owns them, Licensee is responsible for the transfer of Facilities that are overlashed on to Licensee's Attachments. 8.2 Billing for Transfers Performed by Utility. If Utility performs the transfer(s), Utility will bii1 Licensee for actual costs per Paragraph 3.9. Licensee shall reimburse Utility within thirty (30) calendar days of the receipt of the invoice. I II Article 9---Pole Modifications And/Or Replacements 9.1 Licensee's Action Requiring Modification/Replacement_. In the event that any Pole to which Licensee desires to make Attachment(s) is unable to support or accommodate the additional facilities in accordance with all Applicable Standards, Utility will notify Licensee of the necessary Make-Ready Work, and associated costs, to provide an adequate Pole, including but not Iimited to replacement of the Pole and rearrangement or transfer of Utility's Facilities. Licensee shall be m~pon~ible for separately entering into an agreement with other Attaching Entities concerning the allocation of costs for the relocation or Pole Attachment License Agreement 15 9.2 9.3 9.4 rearrangement of such entities' existing Attachments. If Licensee elects to go forward with the necessary changes, Licensee shall pay to Utility the actual cost of the Make-Ready Work, performed by Utility, per Paragraph 3.9. Utility, at its discretion, may require advance payment. Licensee shall also be responsible for obtaining, and 'furnishing to Utility before the commencement of any Make- Ready Work, agreements between Licensee and the other Attaching Entities (including Overlashers) concerning the relocation or rearrangement of their Attachments and the costs involved. Treatment of Multiple Requests for Same Pole. If Utility receives Permit Applications for the same Pole from two or more prospective licensees within sixty (60) calendar days of the initial request, and accommodating their respective requests would require modification or replacement of the Pole, Utility will allocate among SUch licensees the applicable costs associated with such modification or replacement. Such allocation applies only to those Attachments involving cable/wire and not Risers and/or other equipment. ~. The use of guying to accommodate Licensee's Attachments shall be provided by and at the expense of Licensee and to the satisfaction of Utility as specified in Appendix D. Licensee shall not attach its guy wires to Utility's anchors without prior written permission of Utility. If permission is granted, charges may apply. Allocation of Costs. The costs for any rearrangement or transfer of Licensee's Commumcations Facilities or the replacement of a Pole (including any related costs for tree cutting or trimming required to clear the new location of Utility's cables or wires) shall be allocated to Utility and/or Licensee and/or other Attaching Entity on the following basis: 9.4.1 'If Utility intends to modify or replace a Pole solely for its own requirements, it shall be responsible for the costs related to the modification/replacement of the Pole. Licensee, however, shall be responsible for all costs associated with the rearrangement or transfer of Licensee's Communieation~ Facilities. Prior to making any such modification or replacement Utility shall provide Licensee written notification of its intent in order to allow Licensee a reasonable opportunity to elect to modify or add to its existing Attachment. Should Licensee so elect, it must seek Utility's written permission per this Agreement. The notification requirement of this Paragraph 9.4.1 shall not apply to routine maintenance or emergency situations. If Licensee elects 16 Pole Attachment License Agreement 9.5 to add to or modify its Communications Facilities, Licensee shall bear the total incremental costs incurred by Utility in making the space on the Poles accessible to Licensee. 9.4.2 If the' modification or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than Utility or Licensee, the Attaching Entity requesting the additional or modified Attachment shall bear the entire cost of the modification or Pole replacement, as well as the costs for rearranging or transferring Licensee's Co_mmunications Facilities. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee's facilities. 9.4.3 If the Pole must be mod/fled or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), Utility shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its Communications Facilities. 9.4.4 If the modification or replacement of a Pole is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole and for the costs associated with the transfer or rearrangement of any other Attachhtg Entity's Communications Facilities. Licensee shall submit to Utility evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities for the cost to transfer or rearrange such Entities' Facilities at the time Licensee submits a Permit Application to Utility. Utility shall not be obligated in any way to enforce or administer Licensee's responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity's Facilities pursuant to this Paragraph 9.4.4. Utili~ Not Reauired to Relocate. No provision of this Agreement shall be construed to require Utility to relocate its Attachments or modify/replace its Poles for the benefit of Licensee, provided, however, any denial by Utility for modification of the pole is based on nondiscriminatory standards of general applicability. Pole Atfachment License Agreement Article lO--Abandonment or Removal of Utility Facilities 10,1 II II Notice of Abandonment or Removal of Utility Facilities. If Utihty desires at any time to abandon, remove or underground any Utility Facilities to which Licensee's Communications Facilities are attached, it shall give Licensee notice in writing to that effect at least sixty (60) calendar days prior to the date on which it intends to abandon or remove such Utility's Facilities. Notice may be limited to thirty (30) calendar days if Utility is required to remove or abandon its Utility Facilities as the result of the action of a third party and the greater notice period is not practical. Such notice shall indicate whether Utility is offering Licensee an option to purchase the Pole(s). If, following the expiration of the thirty-day period, Licensee has not yet removed and/or transferred all of its Communications Facilities therefrom and has not entered into an agreement to purchase Utility's Facilities pursuant to Paragraph 10.2, Utility shall have the right, subject to any applicable laws and regulations, to have Licensee's Communications Facilities removed and/or transferred from the Pole at Licensee's expense. Utility shall give Licensee prior written notice of any such removal or transfer of Licensee's Facilities. 10.2 Ootion to Purchase Abandoned Poles. Should Utility desire to abandon any Pole, Utility, in its sole discretion, may grant Licensee the option of purchasing such Pole at a rate negotiated with Utility. Licensee must notify Utility in writing within thirty (30) calendar days of the date of Utility's notice of abandonment that Licensee desires to purchase the abandoned Pole. Thereafter, Licensee must also secure and deliver proof of all necessary governmental approvals and easements allowing Licensee to independently own and access the Pole within forty-five (45) calendar days. Should Licensee fail to secure the necessary governmental approvals, or should Utility and Licensee fail to enter into an agreement for Licensee to purchase the Pole prior to the end of the forty-five (45) calendar days, Licensee must remove its Attachments as required under Paragraph 10.1. Utility is under no obligation to sell Licensee Poles that it intends to remove or abandon. 10,3 Under~round Relocation. If Utility moves any portion of its aerial system underground, Licensee shall remove its Communications Facilities from any affected Poles within sixty (60) calendar days of receipt of notice from Utility and either relocate its affected Facilities underground with Utility or find other means to accommodate its Facilities. Licensee's faiture to remove its Facilities as required under this Paragraph 10.3 shall subject Licensee to the penalty provisions of Appendix A. 18 Pole Attachment License Agreement IIIIII I III II II Article 11 Removal of Licensee's Facilities Removal on Expiration/Termination. At the expiration or other termination of this License Agreement or individual Permit(s), Licensee shall remove its Communications Facilities from the affected Poles or portions of Conduit System at its own expense. If Licensee fails to remove such facilities within sixty (60) calendar days of expiration or termination or some greater period as allowed by Utility, Utility shall have the right to have such facilities removed at Licensee's expense. Article 12mTermination of Permit 12.1 Automatic Termination of Permit. Any Permit issued pursuant to this Agreement shall automatically terminate when Licensee ceases to have authority to construct and operate its Communications Facilities on public or private property at the location of the particular Pole(s)/portion of the Conduit System covered by the Permit. 12.2 Surrender of Permit. Licensee may at any time surrender any Permit for Attachment and remove its Communications Facilities from the affected Pole(s) or segment of the Conduit System, provided, however, that before commencing any such removal Licensee must obtain Utility's written approval of Licensee's plans for removal, including the name of the party performing such work and the date(s) and time(s) during which such work will be completed. Alt such work is subject to the insurance requirements of Article 18. No refund of any fees or costs will be made upon removal. If Licensee surrenders such Permit pursuant to the provisions of this Article, but fails to remove its Attachmertts from Utility's Facilities within thirty (30) calendar days thereafter, Utitity shall have the right to remove Licensee's Attachments at Licensee's exper~se. Article 13 - Inspection of Licensee's Facilities 13.1 Insl)ec~0ns. Utility may conduct an inventory and inspection of Attachments at any time. Licensee shall correct all Attachments that are not found to be in compliance with Applicable Standards within th/_rty (30) calendar days of notification. If it is found that Licensee has made an Attachment without a Permit, Licensee shall pay a fee as specified in Appendix A, Item 3 in addition to applicable Permit and Make-Ready charges. If it is found that five percent (5%) or more of Licensee's Pole Attachment License Agreement 19 Attachments are either in non-compliance or not permitted, Licensee shall pay its pro-rata share o£the costs of the inspection. 13.2 Notice. Utility MI1 give Licensee reasonable advance written notice of such inspections, except in those instances where safety considerations justify the need for such inspection without the delay of waiting until written notice has been received. 13.3 No Liab~, Inspections performed under th.is Article 13, or the failure to do. so, shall not operate to impose upon Utility any liability of any k/nd whatsoever or relieve Licensee of any responsibility, obligations or liability whether assumed under this Agreement or otherwise existing, 13.4 Attachment Records. Notwithstanding the above inspection provisions, Licensee is obligated to furnish Utility on an annual basis an up-to-date map depicting the locations of its Attachments in an electronic format specified by Utility. Article 14--Unauthorized Occupancy or Access 14.1 Penalty Fee. If any of Licensee's Attachments are found occupying any Pole or segment of the Conduit System for which no Permit has been issued, Utility, without prejudice to its other rights or remedies under this Agreement, may assess an Unauthorized Access Penalty Fee as specified in Appendix A, Item 3. In the event Licensee fails to pay such Fee within thirty (30) calendar days of receiving notification thereof, Utility has the right to remove such Communications Facilities at Licensee's expense. 14.2 No Ratification of Unlicensed Use. No act or failure to act by Utility with regard to any unlicensed use shall be deemed as ratification of the unlicensed use and if any Permit should be subsequently issued, such Permit shall not operate retroactively or constitute a waiver by Utility of any of its rights or privileges under this Agreement or otherwise; provided, however, that Licensee sl~all be subject to all liabilities, obligations and responsibilities of this Agreement in regards to the unauthorized use from its inception. 20 Pole Attachment License Agreement Article 15, Reporting Requirements Concurrently with Licensee's Attachment Fee payment and using the reporting form cor~tained in Appendix E, Licensee shall report the following to Utility: 15.t The Poles on which Licensee has installed, during the relevant reporting per/od, Risers and service drops, where no Permit was required. 15.2 Ail Attachments that have become nonfunctional during the relevant reporting period. The report shall identify the Pole on which the Nonfunctional Attachment is located, describe the nonfunctional equipment, and indicate the approximate date the Attachment became nonfunctional. 15.3 Any equ/pment Licensee has removed from Poles during the relevant reporting period. The report shall identify the Pole fi:om which the equipment was removed, describe the removed equipment, and indicate the approximate date of removal. This requirement does not apply where Licensee is surrendering a Permit pursuant to Paragraph 12.2. I II I Article 16 Liability and Indemnification 16.1 Liability. Utility reserves to itself the right to maintain and operate its Poles and Conduit System in such manner as will best enable it to fulfill its service requirements. Licensee agrees to use Utility's Poles and Conduit System at Licensee's sole risk. Notwithstanding the foregoing, Utility shall exercise reasonable precaution to avoid damaging Licensee's Communications Facilities and shall report to Licensee the occurrence of any such damage caused by its employees, agents or contractors. Sub.~ect to Paragraph t6.5, Utility agrees to reimburse Licensee for all reasonable costs incurred by Licensee for the physical repair of such 'facilities damaged by the gross negligence or willful misconduct of Utility, provided, however, that the aggregate liability of Utility, to Licensee, in any fiscal year, for any other fines, penalties, claims or damages stemming from interrupt/on of Licensee's service or interference with the operation of Licensee's Communications Facilities (including special, indirect, punitive or consequential damages) shall not exceed the mount of the total Annual Attachment Fees paid by Licensee to Utility for that year as calculated based on the number of Attachments under Permit at the time of the damage per Appendix A, Item 1. Pole A~tachment License Agreement 16.2 Indemnification. Licensee, and any agent, contractor or subcontractor o£Licensee, shalI defend, indemnify and hold harmless Utility and its officials, officers, board members, council members, commissioners, representatives, employees, agents, and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, payments (including payments made by Utility under any Workers' Compensation Laws or under any plan for employees' disability and death benefits), and expenses (including reasonable attorney's fees of Utility and ail other costs and expenses of litigation) ("Covered Claims") arising in any way, including any act, omission, failure, negligence or willful misconduct, in connection with the construction, maintenance, repair, presence, use, relocation, transfer, removal or operation by Licensee, or by Licensee's officers, d/rectors, employees, agents or contractors, of Licensee's Communications Facilities, except to the extent of Utility's negligence or willful misconduct giving rise to such Covered Claims. Such Covered Claims include, but are not limited to, the following: 16.2.1 Intellectual property infi'ingement, libel and slander, trespass, unauthorized use of television or radio broadcast programs and other program material, and infringement of patents; 16.2.2 Cost of work performed by Utility that was necessitated by Licensee's fa/lure, or the fa/lure of Licensee's officers, directors, employees, agents or contractors, to install, maintain, use, transfer or remove Licensee's Communications Facilities in accordance with the requirements and specifications of this Agreement, or from any other work this Agreement authorizes Utility to perform on Licensee's behalf; 16.2.3 Damage to property, injury to or death of any person arising out of the performance or nonperformance of any work or obligation undertaken by Licensee, or Licensee's officers, directors, employees, agents or contractors, pursuant to this Agreement; 16.2.4 Liabilities incurred as a result of Licensee's violation, or a violation by Licensee's officers, directors, employees, agents or contractors, of any taw, rule, or regulation of the United States, State of Texas or any other governmental entity or administrative agency. 22. Pole Attachment License Agreement 16.3 Procedure for Indemnification. 16.4 16.3.1 Utility shall give prompt notice to Licensee of any claim or threatened claim, specifying the factual basis for such claim and the mount of the claim 'If the claim relates to an action, suit or proceeding filed by a third party against Utility, Utility shall give the notice to Licensee no later than ten (10) calendar days after Utility receives written notice of the action, suit or proceeding. 16.3.2 Utitity's failure to g/ve the required notice will not relieve Licensee from its obligation to indemnify Utility unless Licensee is materially prejudiced by such failure. 16.3.3 Licensee will have the right at any time, by notice to Utility, to participate in or assume control of the defense of the claim with counsel of its choice, wl-fich counsel must be reasonably acceptable to Utility. Utility agrees to cooperate fully with Licensee. If Licensee so assumes control of the defense of any third-party claim, Utility shall have the right to participate in the defense at its own expense. If Licensee does not so assume control or otherwise participate in the defense of any third-party claim, Licensee shall be bound by the results obtained by Utility with respect to the claim. 16.3.4 If Licensee assumes the defense of a third-party claim as described above, then in no event will Utility admit any liability with respect to, or settle, compromise or discharge, any third-party claim without Licensee's prior written consent, and Utility will agree to any settlement, compromise or discharge of any th/rd~party claim which Licensee may recommend which releases Utility completely from such claim. Environmental Hazards. Licensee represents and warrants that its use of Utility's Poles will not generate any Hazardous Substances, that it will not store or dispose on or about Utitity's Poles/Conduit System or transport to Utility's Poles/Conduit System any hazardous substances and that Licensee's Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. "Hazardous Substance" shah be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio fi'equency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect Pole Attachment License Agreement 23 including any amendments. Licensee fmther represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless Utility and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and ali liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney's fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under Or adjacent to Utility's Poles/Conduit System attributable to Licensee's use of Utility's Poles or Conduit System. Should Utility's Poles be declared to contain Hazardous Substances, Utility, Licensee and all Attaching Entities shall share proportionately in the cost of disposal of the affected Poles based on each entity's individual percentage use of the same. For Attaching Entities, such percentage shall be derived from the sum of Assigned Space occupied by each Attaching Entity plus its share of the Common Space. For Utility, such percentage shall be equal to the space above the NESC 40-inch safety space plus its share of the Common Space. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. 16.5 Municipal Liabilit3, Limits. No provision of this Agreement is intended, nor shall it be construed, to be a waiver for any purpose by Utility of any applicable State limits on municipal liability, or any applicable State law regarding immunity. No indemnification provision contained in this Agreement under which Licensee inderrm/fies Utility shall be construed in any way to limit any other indemnification provision contained in this Agreement. 16.6 Attorney's Fees. If Utility brings a successful action in a court of competent jurisdiction to enforce this Agreement, Licensee shall pay Utitity's reasonable attorney's fees. l[llU I II I Ill I II~l Article 17 Duties, Responsibilities, And Exculpation 17.1 Duty to Inspect. Licensee acknowledges and agrees that Utility does not warrant the condition or safety of Utility's Facilities, or the premises surrounding the Facilities, and Licensee further acknowledges and agrees that it has an obligation 24 Pole Attachment License Agreement 17.2 17.3 17.4 17.5 to inspect Utility's Poles or Conduit System and/or premises surrounding the Poles or Conduit System, pr/or to commencing any work on Utility's Poles or within Utility's Conduit System or entering the premises surrounding such Poles or Conduit System. Knowledge .of Work Conditions. By executing this Agreement, Licensee warrants that it has acquainted, or will fully acquaint, itself and its employees and/or contractors and agents with the conditions relating to the work that Licensee will undertake under this Agreement and that it fully understands or will acquaint itself with the facilities, difficulties and restrictions attending the execution of such work. DISCLAIMER. UTILITY MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO UTILITY'S POLES OR CONDUIT SYSTEM, ALL OF WHICH ARE HEREBY DISCLAIMED, AND UTILITY MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, EXCEPT TO THE EXTENT EXPRESSLY AND UNAMBIGUOUSLY SET FORTH IN THIS AGREEMENT. UTILITY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Dutw of Comoetent Supervision and Performance. The parties further understand and agree that in the performance of work under this Agreement, Licensee and its agents, employees, contractors and subcontractors wilt work near electrically energized lines, transformers or other Utility Facilities, and it is the intention that energy therein will not be interrupted during the continuance of this Agreement, except in an emergency endangering life, grave personal injury or property. Licensee shall ensure that its employees, agents, contractors and subcontractors have the necessary qualifications, skill, knowledge, training and experience to protect themselves, their fellow employees, employees of Utility and the general public, from harm or injury while performing work permitted pursuant to this Agreement. In addition, Licensee shall furnish its employees, agents, contractors and subcontractors competent supervision and sufficient and adequate tools and equipment for their work to be performed in a safe manner. Licensee agrees that in emergency situations in which it may be necessary to de-energize any part of Ufitity's equipment, Licensee shall ensure that work is suspended until the equipment has been de-energized and that no such work is conducted unless and until the equipment is made safe. Requests to De-energize. In the event Utility de-energizes any equipment or line at Licensee's request and for its benefit and convenience in performing a particular segment of any work, Licensee shall reimburse Utility in full for all Pole Attachment License Agreement 25 costs and expenses incurred, in accordance with Paragraph 3.9, in order to comply with Licensee's request. Before Utility de-energizes any equipment or line, it shall provide, upon request, an estimate of all costs and expenses to be incurred in accommodating Licensee's request. 17.6 Interruption of Service. In the event that Licensee causes an interruption of service by damaging or interfering with any equipment of Utility, Licensee at its expense shall immediately do ali ttfings reasonable to avoid injury or damages, direct and incidental, resulting therefi:om and shall notify Utility immediately. 17.7 Duty to Inform. Licensee further warrants that it understands the imminent dangers (INCLUDING SERIOUS BODILY INJURY OR DEATH FROM ELECTROCUTION) inherent in the work necessary to make installations on Utility's Poles or within Utility Conduit System by Licensee's employees, agents, contractors or subcontractors, and accepts as its duty and sole responsibility to notify and inform Licensee's employees, agents, contractors or subcontractors of such dangers, and to keep them informed regarding same. Article 18--Insurance 18.1 Policies Required. At ali times during the term of this Agreement, Licensee shall keep in force and effect all insurance policies as described below: 18.1.1 Workers' Compensation and Employers' Liability Insurance, Statutory workers' compensation benefits and employers' liability insurance with a limit of liability no less than that required by Texas law at the time of the application of this provision for each accident. This policy shall be endorsed to include a waiver of subrogation in favor of Utility. Licensee shall require subcontractors and others not protected under its insurance to obtain and maintain such insurance. 18.1.2 Commercial General Liability Insura...n. ce... Policy wilI be written to provide coverage for, but not limited to, the following: premises and operations, products and completed operations, personal injury, blanket contractual coverage, broad form property damage, independent contractor's coverage with limits of liability not less than $2,000,000 commercial general i/ability, $2,000,000 products/completed operations aggregate, $2,000,000 personal injury, $2,000,000 per each occurrence. 26 Pole Attachment License Agreement I8.2 18.3 18.1.3 Automobile Liability insurance. Business automobile pohcy covering all owned, hired and non-owned private passenger autos and commercial vehicles. Limits of liability not less than $1,000,000 per each occurrence, $1,000,000 aggregate. 18.t.4 Umbrella Liability Insurance. Coverage is to be in excess of the sum employers' liability, commercial general liability, and automobile liability insurance required above. L/mits o£1iabitity not less than $3,000,000 each occurrence, $3,000,000 aggregate. 18.1.5 Property Insurance. Each party will be responsible for maintaining property insurance on its own facilities, buildings and other improvements, including all equipment, fixtures, and utility structures, fencing or support systems that may be placed on, w/thin or around Utility Facilities to fully protect against hazards of fire, vandalism and malicious mischief, and such other perils as are covered by policies of insurance commonly referred to and known as "extended coverage" insurance or self-insure such exposures. Qualification..; Priori .ty; Contractors' Coverages The insurer must be author/zed to do business under the laws of the State of Texas and have an "A-' or better rating in Best's Guide. Such insurance will be primary. Ail contractors and all of their subcontractors who perform work on behalf of Licensee shall carry, in fall force and effect, workers' compensation and employers' liability, comprehensive general liability and automobile liability insurance coverages of the type that Licensee is required to obtain under this Article 18 with the same limits. Certificate of Insurance;. Other Requirements. Prior to the execution of this Agreement and prior to each insurance policy expiration date during the term of this Agreement, Licensee will furnish Utility with a certificate of insurance ("Certificate") and, upon request, certified copies of the required insurance policies. The Certificate shall reference this Agreement and workers' compensation and property insurance waivers of subrogation required by this Agreement. Utility shall be given thirty (30) calendar days advance notice of cancellation or nonrenewal of insurance during the term of this Agreement. Utility, its council members, board members, commissioners, agencies, officers, officials, employees and representatives (collectively, "Additional Insureds") shall be named as Additional Insureds under all of the policies, except workers' compensation, which shall be so stated on the Certificate of Insurance. All policies, other than workers' compensation, shall be written on an occurrence and not on a claims-made basis. All policies may be written with deductibles, Pole Attachment License Agreement 27 not to exceed $100,000, or such greater amount as expressly allowed in writing by Utility. Licensee shall defend, indemnify and hold harmless Utility and Additional Insureds from and against payment of any deductible and payment of any premium on any policy required under this Article. Licensee shall obtain Certificates from its agents, contractors and their subcontractors and provide a copy of such Certificates to Utility upon request. 18.4 Limits. The limits of liability set out in this Article 18 may be increased or decreased by mutual consent of the parties, which consent will not be unreasonably withheld by either party, in the event of any factors or occurrences, including substantial increases in the level of jury verdicts or judgments or the passage of state, federal or other governmental compensation plans, or laws wh/ch would materially increase'or decrease Licensee's exposure to risk. 18,5 Prohibited Exclusions. No policies of insurance required to be obtained by Licensee or its contractors or subcontractors shall contain provisions (1)that exclude coverage of liability assumed by this Agreement with Utility except as to infringement of patents or copyrights or for libel and slander in program material, (2) that exclude coverage of liability arising from excavating, collapse, or underground work, (3) that exclude coverage for injuries to Utility's employees or agents, or (4) that exclude coverage of liability for injuries or damages caused by Licensee's contractors or the contractors' employees, or agents. This list of prohibited provisions shall not be interpreted as'exclusive. 18.6 Deductible/Self-insurance Retention Amount.q. It is agreed and understood that Licensee shall be fully and expressly responsible for any deductible or self- insured retention amounts contained in its insurance program or for any deficiencies in the amounts of insurance maintained. II II I II IIII Article 19,,, Authorization Not Exclusive Utility shall have the right to grant, renew and extend rights and privileges to others not party to this Agreement by contract or otherwise, to use Utility Facilities covered by this Agreement. Such fights ~hall not interfere with the fights granted to Licensee by thc specific Permits issued pursuant to this Agreement. Article 20---Assignment II I 20.1 Limitations on Assienment. Licensee shall not assign its rights or obligations under this Agreement, nor any part of such fights or obligations, without the '......_.2 28 Pole Attachment License Agreement prior written consent of Utility, which consent shall not be unreasonably withheld. It shall be unreasonable for Utility to withhold consent without cause to an assignment of all of Licensee's interests in this Agreement to its Affiliate. 20.2 __Oblieations of Assignee/Transferee and Licensee. No assignment or transfer under this Article 20 shall be allowed until the assignee or transferee becomes a signatory to this Agreement and assumes all obligations of Licensee ar/sing under this Agreement. Licensee shall furnish Utility with prior written notice of the transfer or assignment, together with the name and address of the transferee or assignee. Notwithstanding any assignment or transfer, Licensee shall remain fully liable under this Agreement and shall not be released from performing any of the terms, covenants or conditions of this Agreement without the express written consent to the release of Licensee by Utility. 20.3 Sub-licensing. Without Utitity's prior written consent, Licensee shall not sub- license or lease to any third party, including but not limited to allowing third parties to place Attachments on Utility's Facilities, including Overlashing, or to place Attachments for the benefit of such third parties on Utility's Poles or within Utitity's Conduit System. Any such action shall constitute a material breach of this Agreement. The use of Licensee's Communications Facilities by third parties (including but not limited to leases of dark fiber) that involves no additional Attachment or Overlashing is not subject to this Paragraph 20.3. Article 21--Failure to Enforce I I I Failure of Utility or Licensee to take action to enforce compliance with any of the terms or conditions of this Agreement, or to g4ve notice, or declare this Agreement, or any authorization granted hereunder terminated, shall not constitute a waiver or relinquishment of any term or condition of this Agreement, but the same shall be and remain at all times in full force and effect until terminated, in accordance with this Agreement. Article 22 Termination of Agreement 22.1 Notwithstanding Utility's rights under Article 12, Utility shall have the right, pursuant to the procedure set out in Paragraph 22.2, to terminate this entire Agreement, or any Permit issued hereunder, whenever Licensee is in default of any term or condition of this Agreement, including but not limited to the following circumstances: Pole Attachment License Agreement 29 22.1.1 Construction, operation or maintenance of Licensee's Communications Facilities in violation oflaw or in aid of any unlawful act or undertaking; or 22.1.2 Construction, operation or maintenance of Licensee's Communications Facilities after any authorization required of Licensee has lawfully been denied or revoked by any governmental or private authority or violation of any other agreement with Utility; or 22.1.3 Construction, operation or maintenance of Licensee's Communications Facilities without the insurance coverage required under Article 18. 22.2 Utility will notify Licensee in writing within fifteen (15) calendar days, or as soon as reasonably practicable, of any condition(s) applicable to Paragraph 22.1 above. Licensee shall take immediate corrective action to eliminate any such condition(s) within fifteen (t5) calendar days, or such longer period mutually agreed to by the parties, and shall confirm in writing to Utility that the cited condition(s) has (have) ceased or been corrected. If Licensee fails to discominue or correct such condition(s) and/or fails to give the required confirmation, Utility may immediately terminate this Agreement or any Permit(s). In the event of termination of this Agreement or any of Licensee's rights, privileges or authorizations hereunder, Utility may seek removal of Licensee's Communications Facilities pursuant to the terms of Article 11, provided, that Licensee shall be liable for and pay all fees and charges pursuant to terms of this Agreement to Utility until Licensee's Communications Facilities are acmatly removed. I Ill Article 23. Term of Agreement II 23.1 This Agreement shalI become effective upon its execution and, if not terminated in accordance with other provisions of this Agreement, shall continue in effect for a term of five (5) years. Either party may terminate this Agreement at the end of the initial five (5) year term by giving to the other party written notice of an intention to terminate this Agreement at least ninety (90) calendar days prior to the end of the term. If no such notice is given, this Agreement shall automatically be extended for an additional five (5) year term. Either party may terminate th/s Agreement at the end of the second five (5) year term by giving to the other party written notice of an intention to terminate this Agreement at least ninety (90) calendar days prior to the end of the second term. Upon failure to ~ve such notice, this Agreement shall automatically continue in force until term/hated by either party after mnety (90) calendar days written notice. 30 Pole Attachment License Agreement 23.2 Even after the termination of this Agreement, Licensee's responsibility and indemn/ty obligations shall continue with respect to any claims or demands related to Licensee's Communications Facilities as provided for in Article t 6. IIIII I lllll Article 24--Amending Agreement Notwithstanding other provisions of this Agreement, the terms and conditions of this Agreement shall not be amended, changed or altered except in writing and with approval by authorized representatives of both parties. Article 25 Notices 25.1 Wherever in this Agreement notice is required to be given by either party to the other, such notice shall be in writing and shall be effective when personally delivered to, or when mailed by certified mail, return receipt requested, with postage prepaid to, and except where specifically provided for elsewhere, properly addressed as follows: If to Utility, at: City of Denton, Texas If to Licensee, at: or to such other address as either party, fi:om time to time, may give the other party in writing. 25.2 Licensee shall maintain a staffed 24-hour emergency telephone number, not available to the general public, where Utility can contact Licensee to report damage to Licensee's facilities or other situations requiring immediate communications between the parties. Such contact person shall be qualified and able to respond to Utility's concerns ~d requests. Failure to maintain an emergency contact shall subject Licensee to a penalty of $100 per incident, and shall eliminate Utility's liability to Licensee for any actions that Utility deems reasonably necessary given the specific c/rcumstances. Article 26---Entire Agreement This Agreement supersedes all previous agreements, whether written or oral, between Utility and Licensee for placement and maintenance of Licensee's Communications Facilities on Utility's Poles or within Utility's Conduit System within the geographical service area Pole Attachment License Agreement 31 covered by th/s Agreement; and there are no other provisions, terms or conditions to this Agreement except as expressed herein. IIII III I I I Article 27--Severability If any provision or portion thereof of this Agreement is or becomes invalid under any applicable statute or rule of law, and such invalidity does not mater/ally alter the essence of this Agreement to either party, such provision shall not render unenforceable this entire Agreement, but rather it is the intent of the parties that this Agreement be administered as if it did not contain the invalid provision. Article 28 Governing Law The validity, performance and all matters relating to the effect of this Agreement and any amendment hereto, shall be governed by the laws (without reference to choice of law) of the State of Texas. Article 29--Incorporation of Recitals and Appendices The recitals stated above, and all appendices to this Agreement, are incorporated into and constitute part of this Agreement. IIIIIII III I Article 30 Performance Bond On execution of this Agreement, Licensee shall provide to Utility a performance bond in an amount that is equal to Twenty-Four and 45/100 Dollars ($24.45) per Licensee Pole Attachment; and an amount of Thirty-Eight Cents ($.38) per Iinear foot of Conduit System occupied, which amounts shall be adjusted accordingly on an annual basis to account for additions or reductions in the total number of Licensee's Pole Attachments, and use of Conduit System. The bond shall be with an entity and in a form acceptable to Utility. The purpose of the performance bond is to ensure Licensee's faithful performance of all of its obligations under this Agreement and for the payment by Licensee of any claims, liens, taxes, liquidated damages, penalties and fees due to Utility which ar/se by reason of the consmaction, operation, maintenance or removal of Licensee's Communications Facilities on or about Ut/tity's Poles or within its Conduit System. 32 Pole Attachment License Agreement Article 31 IIIII IIIII Force Majeure I 31.1 In the event that either Utility or Licensee is prevented or delayed from fulfilling any term or provision of this Agreement by reason of fire, flood, earthquake or like acts of nature, wars, revolution, civil commotion, explosion, acts of terrorism, embargo, acts of the government in its sovereign capacity, material changes of laws or regulations, labor difficulties, including without limitation, strikes, slowdowns, picketing or boycotts, unavailability of equipment of vendor, or any other such cause not attributable to the negligence or fault of the party delayed in performing the acts required by the Agreement, then performance of such acts shall be excused for the period of the unavoidable delay, and any such party shall endeavor to remove or overcome such inability as soon as reasonably possible. 31.2 Utility shall not impose any charges on Licensee stemming solely from Licensee's inability to perform required acts during a period of unavoidable delay as described in Paragraph 31.1, provided that Licensee present Utility with a written description of such force majeure within a reasonable time after occurrence of the event or cause relied on, and further provided that this provision shall not operate to excuse Licensee from the timely payment of any fees or charges already due and payable to Utility under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. "UTILITY" CITY OF DENTON, TEXAS DENTON MUNICIPAL ELECTRIC By: Pole Attachment License Agreement 33 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L.PROUTY, CITY ATTORNEY By: "LICENSEE" By: 34 Pole Attachment L/cense Agreement ATTEST: By: APPROVED AS TO LEGAL FORM: By: S:\Our Documents\Contraets\03\Pole Attachment License Agreement.doe Pole Attachment License Agreement 35 APPENDIX A--FEES AND CHARGES ! Pole Attachment Fees and Charges Effective Date / / 1. Annual Pole Attachment Fee: $24.45 per attachment/per year The Annual Attachment Fees shall be adjusted annually by any change in the Index now known as "United States Bureau of Labor Statistics, Consumer Price Index--All Urban Consumers, Base Period 1982-84 = 100, (CPI-U)," hereinafter referred to as the "Index." The parties agree that the 2002 Annual Index is 179.9. Non-Recurring Fees: One-time License Agreement Fee ........................ $100.00 Permit Application Fee ........................................ $35.00 per Permit Application (1-50 Poles) Permit Application Fee ........................................ $70.00 per Permit Application (51 or more Poles) Make Ready Work Charges ................................. See Article 3 of Agreement Miscellaneous Charges ........................................ See Article 3 of Agreement [or Attach Fee Schedule for Work Performed for the Licensee] Inspection Fees ..................................................... See Article 3 of Agreement Unauthorized Attachment Penalty Fee: Three times the annual attachment fee, per occurrence. Failure To Timely Transfer, Abandon or Remove Facilities Penalty: One-fifth (I/5) annual attachment fee per day, per pole, first thirty (30)days; The annual attachment fee per day, per pole, for the second th/rty (30) days and thereafter. Pole A~achment License Agreement 1 Appendix A--Fees and Charges I Conduit Fees and Charges III I II II 1. Maximum CATV Conduit Rate per Linear ]Foot: $.10 per linear foot/per year. 2. Maximum Conduit Rate per Linear Foot: $.38 per linear foot/per year. The two maximum Annual Conduit Attachment Fees set forth above shall be adjusted annually by any change in the Index now known as "United States Bureau of Labor Statistics, Consumer Price Index--All Urban Consumers, Base Period 1982- 84 = 100, (CPI-U)," hereinafter referred to as the "Index." The parties agree that the 2002 Annual Index is 179.9. -. Non-Recurring Fees: One-t/me License Agreement Fee ........................ $100.00 Permit Application Fee ........................................ $35.00 per Permit Application (1-i00 feet of conduit) Permit Application Fee ........................................ $70.00 per Permit Application (101 or more feet of conduit) Make-Ready Work Charges ................................. See Article 3 of Agreement Miscellaneous Charges ........................................ See Article 3 of Agreement [or Attach Fee Schedule for Work Performed for the Licensee] Inspection Fees ..................................................... See Article 3 of Agreement 4. Unauthorized Conduit Usage Penalty Fee: Three (3) times the annual fee, per occurrence. Failure to Timely Transfer, Abandon or Remove Facilities Penalty: One-ill'ch (1/5) annual conduit fee per day, per linear foot, for the first thirty (30) days; Annual conduit fee per day, per linear foot, for the second thirty (30) days and thereafter. S:\Our D ocuments\Contracts\03~Appendix A-Fees & Charges-Pole Attachment.doc 2 Pole Attachment License Agreement APPENDIX B POLE ATTACHMENT PERMIT APPLICATION PROCESS The following procedure is to be followed by each Licensee seeking to make new Attachments on Utility's Poles. Note that no entity may make any Attachments to Utility's Poles without having first entered/rite a binding Pole Attachment Licensing Agreement. Licensee shall submit a written request to perform a Pre-Construction Inspection. The request must include a preliminary route description. Licensee shall have a professional engineer, or utility approved employee or contractor, participate in a Pre- Construction Inspection, which will include a review of the proposed Attachment(s) to determine the feasibility of the request and identify any potential Make-Ready Work. Appendix F to this Agreement contains the minimum design review information that an applicant must provide and a worksheet for determining the minimum specifications that the proposed Attachment must meet. Following the Pre-Construction Inspection, Licensee shall submit a completed Permit Application (Appendix C) that includes: route map, information required in Appendix F, installation plans and recommendations on Make-Ready Work. Licensee shall prepare the Permit Application in adherence with the Applicable Standards (Section 1.2 of Agreement) and specifications' (Appendix D). 3. The Utility wilI review the recommendations from the inspection and discuss any issues with the Licensee. Upon receipt of written authorization, Utility wilI proceed with Make-Ready Work according to the specific agreed-upon installation plans and the terms of the Agreement, including payment, for the Make-Ready Work charges as set out by Utility and agreed to by the Licensee. Upon completion of the Make-Ready Work, the Utility will sign and return the Application for Permit authorizing the Licensee to make its Attachment(s) in accordance with agreed-upon installation plans. The Licensee's professional engineer, utility-approved employee or contractor shall submit written certification that he/she has completed the Post-Construction Inspection and that the instatlation was done in accordance with the provisions of the Penmt. The Post-Construction Inspection shall be submitted within ninety (90) calendar days after installation is complete. Pole Attachment License Agreement Appendix B~Pofe Attachment Permit Application Process 7. If the Utility waives the professionaI~engineer requirement, the Utility will perform ~e Post-Cortstruction Inspection and charge the Licensee per Article 3 of the A~eement. S:\Our Dacuments\Contracts\0%Appendix B-Permit Application Process-Pole Attachment.doc 2 Pole Attachment License Agreement APPENDIX C--APPLiCATION FOR PERMIT Application Date: / / To: [Insert Address of Utility Permitting Department] Desire to: Attach to UtilityPole(s) ~ Remove Attachment from Utility Pole(s) Permit No. Superseded Permit No. Number of Poles This Permit Sheet 1 of Licensee Name: Address: Contact Person: Title: Utility Contact Person: Title: Narrative Description of proposed activity: Phone Phone In accordance with the terms and conditions of the Pole Attachment Licensing Agreement dated ,2003, application is hereby made for a Permit to attach to and/or vacate Pole(s) in the locations detailed on the attached Route Map(s). Also, attached is documentation as required by Appendix F of the Agreement. If applicable, the engineer's name, State of Texas registration number and phone number are: Nallle: Phone Re~s~ion# Pole Attachment License Agreement 1 Appendix C--Application for Permit Permission is hereby granted to Licensee to attach and/or vacate poles listed on the attached Field Data Summary Sheets, subject to payment of the necessary Make-Ready Work charges as set out by Utility and agreed to by the Licensee. SUBMITTED on this day of ,2003. LICENSEE By: Title: APPLICATION APPROVED/DISAPPROVED on this 2003. UTILITY day of By: Title: S:\O~r Documents\Contmcts\03'u~p!oendix C-Application for Permit-Pole Attachment.doe 2 Pole Attachment License Agreement APPENDIX D SPECIFICATIONS FOR LICENSEE'S ATTACHMENTS TO UTILITY POLES Licensee, when making Attachments to Utility Poles, will adhere to the following engineering and construction practices. A. All Attachments shall be made in accordance with the Applicable Standards as defined in Paragraph 1.2 of this Agreement. B. Clearances Attachment and Cable Clearances: Licensee's Attachments on Utility Poles, including metal attachment clamps and bolts, metal cross-arm supports, bolts and other equipment, must be attached so as to maintain the minimum separations specified in the National Electrical Safety Code ("NESC") and in drawings and specifications Utility may fi:om time to time furnish Licensee. (See Drawings A-01 to A-99.) Service Drop Clearance: The parallel minimum separation between Utility's service drops and communications service drops shall be twelve (12) inches, and the crossover separation between the drops shall be twenty-four (24) inches. (See Drawings A-06 and A-07.) Sag and Mid-Span Clearances: Licensee will be particularly careful to leave proper sag in its lines and cables and shall observe the established sag of power line conductors and other cables so that minimum clearances are (a) achieved at poles located on both ends of the span; and (b) retained throughout the span. At mid-span, a minimum of twelve (12) inches of separation must be maintained between any other cables. At the pole support, a twelve (12) inch separation must be maintained between Licensee and any other communications connect/on/attachment. (See DrawingA-07.) Vertical Risers: Ali Risers, including those providing 120/240 volt power for Licensee's equipment enclosure, shall be placed on the quarter faces of the Pole and must be installed in conduit with weatherhead attached to the Pole with stand- offbrackets. A two (2) inch clearance in any direction fi:om cable, bolts, clamps, metal supports and other equipment shall be maintained (See Drawings A-02 and A-05). Pole Attachment License Agreement 1 Appendix D--Specifications for Licensee's Attachments to Utility Poles Climbing Space: A clear Climbing Space must be maintained at all times on the lace of the Pole. All Attachments must be placed so as to allow and maintain a clear and proper Climbing Space on the face of the Utility Pole. Licensee's cable/wire Attachments shall be placed on the same side of the Pole as those of other Attach/ng' Entities. In general, all other Attachments and Risers should be placed on Pole quarter faces (See Drawing A-08). 6. Pedestals and Enclosures: Every effort should be made to install Pedestals, vaults and/or Enclosures a minimum of four (4) feet from Poles or other Utility Facilities. C. Down Guys and Anchors Licensee shall be responsible for procuring and /_nstatling all anchors and guy wires to support the additional stress placed on the Utility's Poles by Licensee's Attachments. Anchors must be guyed adequately. o Anchors and guy wires must be installed on each Utility Pole where an angle or a dead-end occurs. Licensee shall make guy attachments to Poles at or below its cable Attachment. No proposed anchor can be within four (4) feet of an existing anchor without written consent of Utility. 3. Licensee may not attach guy wires to the anchors of Utility or third-party user without the anchor owner's specific prior written consent. No Attachment may be installed on a Utility Pole until all required guys and anchors are installed. No Attachment may be modified, added to or relocated in such a way as will materially increase the stress or loading on Utility Poles until all required guys and anchors are installed. Licensee's down guys, if needed, shall be bonded to ground wires of Utility's Pole. The cormeetions to the system neutral are to be made by the utility as an item of Make-Ready Work. Utility will determine if guys should be grounded or insulated. D. Certification of Licensee's Design Licensee's Attachment Permit application must be signed and sealed by a professional engineer, registered in the of Texas, certifying that Licensee's aerial cable design fully complies with the NESC and Utility's Construction Standards and any other applicable federal, state or local codes and/or requirements. 2 Pole Attachment D'cense Agreement Appendix D--Specifications for Licensee's Attachments to Utility Poles This certification shall include the confirmation that the design is in accordance with pole strength requirements of the NESC, taking into account the effects of Utility's Facilities and other Attaching Entities' facilities that exist on the Poles without regard to the condition of the existing facilities. Miscellaneous Requirements Cable Bonding: Licensee's messenger cable shall be bonded to Utihty's Pole ground wire at each Pole that has a ground wire. If no ground exists on a Pole, Licensee shall install a Pole ground in accordance with the attached detail drawing (See Drawings A-03 to A-05). 2. Customer Premises: Licensee's service drop into customer premises shall be protected as required by the most current edition of the NEC. o Communication Cables: All Communications cables/wires not owned by Utility shall be attached within the Communications space that is located 40 inches below the lowest Utility conductors (,_gee Drawings A-01 through A-99). Riser Installations: Alt Licensee's Riser/nstallations shall be in utihty-approved conduit materials and placed on stand-off brackets. Ground wires may be attached directly to Pole (See Drawings A-02 to A-05). F. Utility Construction Drawings and Specifications l. Refer to the attached Utility Construction Drawings, and obtain additional construction specifications from Utility in accordance with its requirements. 2. Apply the Utility's construction drawings and specifications in accordance with the NESC, NEC and any other federal, state or local code requirements. S :\Our Doeuments\Contracts\03K&pp~ndix D-Specificatiens for Pole Attachments.doc Pole Attachment License Agreement 3 APPENDIX E--DISTRIBUTION LINE MINIMUM DESIGN REVIEW INFORMATION AND SUGGESTED WORKSI-[EET The following guidel!nes are provided, and corresponding information must be submitted with each Permit application for Pole Attachments on Utility's system. Utility may direct that certain Attachments do not require the submittal of Design Review Information. These Attachments are noted at the end of this section. Each Permit application must include a report from a professional engineer registered to practice in the State of Texas, and experienced in electric utility system design, or a utility-approved employee or contractor of Licensee. This report must clearly identify the proposed construction and must verify that the Attachments proposed will maintain Utility's compliance with NESC Class B construction for the loading district as outlined in the NESC Section 25. Utility may or may not require that all of the following information be submitted at the time of the Permit application. The applicant shall have performed all required calculations and be ready to provide the detailed information below within fifteen (15) calendar days of notice. Applicant shall keep copies of the engineering data available for a period of twenty (20) years. In determining compliance, the following minimum conditions shall be used in the calculations for pole strength: All single-phase lines shall be assumed to have been reconductored to No. 2 ACSR conductor, Code Name Span'ate, for both phase and neutral. If a larger conductor size exists, the larger size shall be used in the calculations. All three-phase lines shall be assumed to have been reconductored to 556 AAC Code Name Mistletoe conductor for three (3) phases and neutral. If existing conductors are larger than 4/0 AWG ACSR, the larger size shall be used in the calculations. All pole lines shall assurne a secondary/service conductor, installed from pole to pole, of#4/0 AWG triplex cable, with an ACSR messenger. For pole strength calculations, all poles shall be as they actually exist, or be considered Class 4 for calculations. All line angles or dead ends shall be g'uyed and anchored. Transverse pole strength_ shall not be assigned to attaching pole users for line angles, i.e., pole should be Pole Attachment License Agreement 1 Appendix E--Distribution Line Minimum Design Review Information and Suggested Worksheet viewed as being void of other cables, conductors, wires or guys and considering only the applicant's w/res/cables for guying calculations. 6. Points of attachment shall be as they actually exist on the poles. 7. For a Utility-approved joint use of anchors, the Licensee shall utilize guy insulators in its guys. Lessee shall comply with any NESC and/or Utility safety factors, whichever is more conservative, in their designs. The engineer for the Permit applicant shall provide for each application the following confirmations: (y/n) (y/n) (y/n) (y/n) _ (y/n) Required permits that have been obtained (insert n/a if not applicable): (y/n) U.S. Corp of Engineers. Highway--state, county, city. Raikoad. Local zoning boards, town boards, etc. Joint use permits, if required. Notified other pole users of contacts or crossings. Confirm that you have: (y/n) _ (y/n) . (y/n) _ (y/n) . (y/n) (y/n) _ (y/n) (y/n) Obtained appropriate franchise(s). Obtained Pole/anchor easements from land owners. Obtained crossing and overhang permits. Obtained permit to survey R/W. Completed State of Department of Transportation requirements. Placed permit number on plans. Complied with Underground Facility Location requirements. Included sag/tension data on proposed cable. Calculations are based upon the latest edition of the NESC and the latest editions of the requirements of the State of Texas. 2 Pole Attachment License Agreement Appendix E--Distribution Line Minimum Design Review Information and Suggested Worksheet It is Licensee's responsibility to obtain ail necessary permits and provide the Utility with a copy of each. The engineer for the following information:. Project ID Pole number Pole class Pole size Pole type P01e fore span Pole back span Calculated bending moment at ground level Existing: Power phase condition Power neutral condition Power sec condition Permit applicant shall provide for each Pole(s) the [ifpole tag missing, contact Utility] [existing--i.e., 4, 3, 2...] [existing---i.e., 35, 40...] [Southern Yellow Pine, Douglas Fir...] [feet] [feet] [i -tbs] _quantity of CU/AA/ACSR @. .quantity of CU/AA/ACSR @. .quandty of CU/AA/ACSR ~. Telco #1 cables qty of dia @. CATV #2 cables qty of dia ~. User #3 cables qty of dia ~. User #4 cables qty of dia ~. User #5 cables qty of dia ~. User #6 cables qty of AWG/MCM feet above ground line AWG/MCM feet above ground line AWG/MCM feet above ground line ft above ground line ft above ground line ft above ground line ft above ground line ft above ground line above ground line dia ~____ ft Pole Attachment License Agreement 3 Appendix E--Distribution Line Minimum Design Review information and Suggested Worksheet Proposed: Proposed cables Proposed cables AGL = Above Ground Level qty of qty of dia @ dla ft above ground line ft above ground line The minimum vertical clearance under all loading conditions measured from the proposed cable to ground level on each conductor span shall be stated above. Variations in topography resulting in ground elevation changes shall be considered when stating the minimum vertical clearance within a given span. Calculated pole bending moment at ground level: [ft-lbs] Pole breaking bending moment at ground level: [R-lbs] Calculated transverse safety factor: [ratio should be greater than 1.00] Proposed loading data [provide similar data for each cable proposed]: A. Weight data (cable and messenger)-- 1. Vertical weight, bare = [Cf/fi] B. Tension data (final tensions on messenger)-- 1. NESC maximum load for area of construction: _. [lbs] 2. 60° F, NO wind: _ [lbs] Permit applicant's eng/neer shall provide for each transverse guy, or dead end to which guys and/or anchors are attached, the following information: Pole number Calculated cable messenger tension under NESC maximum loading conditions If connection is: A dead end, is it a single or double? A change in tension; what is change? A line angle, what is angle change? What is tension change at angle? Jibs] _IS, _ [lbs] [degrees] _[lbs] 4 Pole Attachment License Agreement Appendix E--Distribution Line Minimum Design Review Information and Suggested Worksheet For each dead end: Point of attachment for 'guy hook Anchor distance fi:om pole Calculated guy tension Rated guy working strength For each change in tension: Point of attachment for guy hook Anchor distance from pole Calculated guy tension Rated guy working strength For each line anm..lele: Point of attachment for guy hook Anchor distance from pole Calculated guy tension Rated guy working strength For each anchor: Anchor distance to nearest anchor Calculated anchor tension Rated anchor strength Soil composition [feet AGL] [feet] [lbs] [lbs] [feet AGL] [feet] [lbs] [lbs] [feet AGL] [feet] [lbs] [lbs] [feet] [lbs] [lbsl [sandy, loam, clay, rock] S:\Our Documents\Contraets\03~Appendix E-Minimum Design Review & Worksheet-Pole Attachment.doc Pole Attachment License Agreement 5 APPENDIX F- -FIELD DATA SUMMARY SHEET INSTRUCTIONS Column Instructions Municipal Pole Number .................. If a Pole stencil is not in place, it may be left for Municipal if the accompanying sketch is adequate to determine the Location. Communication Company's ............ This must correspond with the plan sheet or Plan Sheet Pole Number Pole Sketch Pole identification number. Pole Height and Class ...................... List the present Pole height and class and list the proposed Pole height and class if it is necessary for Municipal to replace the Pole for clearance, etc. Guy Attachments .............................. All unbalanced loading on Poles must be guyed. Attachments to Utility's anchors will not be allowed. Attachment Height ........................... Communications Company attachment height above ground level. List guy lead in feet. Inches Below Municipal .................. The number of inches Communications Company is to be attached below Utility while maintaining clearance as required in Item g4. Span Length ...................................... List the back span length for each attachment. Inches Sag ......................................... List the messenger sag for the design listed on the cover sheet at 60 degrees Fahrenheit. Ground Clearance ............................ List the ground clearance at the low point of the back span. Must not be less than the National Electrical Safety Code (latest edit/on). S:\Our Documents\Contracts\03kAppendix F-Field Data Summary Sheet Instructions-Pole Attachment.doc Pole Attachment License Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 DRAFT CITY OF DENTON, TEXAS PUBLIC UTILITIES BOARD MEETING MINUTES May $, 2003 9:00 A.M. After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, May 5, 2003 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: Bill Cheek, George Hopkins, Charldean Newell, Dick Norton, Rob Rayner, Dick Smith and Don White EX OFFICIO MEMBERS Mike Conduff, City Manager Howard Martin, ACM/Utilities ITEMS FOR INDIVIDUAl, CONSIDERATION: 5) Consider approval of a standard Pole Attachment License Agreement. Mays also presented this item. She informed the Board that Denton Municipal Electric (DME) has allowed other utilities to attach their equipment and lines to DME poles. She explained that there are three agreements in place that establish the terms under which service is allowed. CATV Pole Lease Agreement - City of Denton and Golden Triangle Communications (now Charter Communications) - May 7, 1979 Communication Pole Lease Agreement - City of Denton and North Texas State University - March 1, 1983 Joint Use Contract - City of Denton and General Telephone Company of the Southwest (now Verizon) - July 25, 1967 The current agreements are out of date and the rate for service needs to be adjusted to be compatible with the cost of providing the service today. Mays remarked that, due to the terms of their contract, Verizon is the only customer that is not required to remove their facilities from poles abandoned by DME in favor of underground installations. Newell asked if current customers were aware that the City is considering a new agreement. Mays responded that they were aware. Michael Copeland, Utility Attorney, explained that Verizon would probably resist a revised pole agreement; therefore, the best action would be a declaratory judgment action regarding how we should approach an agreement that has no expiration date. Hopkins questioned the probability of success regarding a declaratory judgment. Copeland EXHIBIT 3 indicated that he would expect a better than 50% chance of success. Smith asked why the Verizon agreement was so different than the other two. Mays responded by explaining that, in 1967, the City was more accommodating to Verizon. Cheek moved to approve, with a second from Norton. The motion was approved unanimously. AGENDA INFORMATION SHEET AGENDA DATE: May 27, 2003 DEPARTMENT: ACM: Electric Howard Martin, 349-8232 SUBJECT Consider approval of an ordinance of the City of DeNon, Texas authorizing the City Manager to execute a Fourth Amended Contract for Professional Legal Services with the law firm of Dickstein, Shapiro, Morin & Oshinsky, L.L.P. for services supporting DeNon Municipal Electric in continued electric generation divestiture issues; authorizing the expenditure of funds therefor; providing for retroactive approval of the agreemeN; and providing an effective date. (Martin) BACKGROUND During 2002 it was necessary to respond to the assignment of the Denton Municipal Electric (DME) Transition Power AgreemeN (TPA) from PG&E Energy Trading to Constellation Power Source. It was also necessary to create agreements defining the disposition of the Lake Ray Roberts and Lake Lewisville hydroelectric plans and to review the legal implications of the sale of the Spencer Generating Plant to Garland Power and Light, as it related to DME, and negotiate agreements related to that sale. As a result of those sale negotiations, the water department acquired ownership of the Lake Ray Roberts hydroelectric plaN. The water department desires to decommission the Lake Ray Roberts hydroelectric plant in order to eliminate potential interference with the intake of the new Ray Roberts water treatment plant. It is necessary for DME to apply to the Federal Electric Regulatory Commission (FERC) for permission to decommission the Lake Ray Roberts hydroelectric Plan in order for the water department to accomplish its goal. As part of the sale negotiations, funds estimated to be sufficient to cover the expenses of decommissioning were provided to DME. In January of 2002, the PUB and City Council approved the Third Amended CoNract for Professional Legal Services with the Law Firm of Dickstein, Shapiro, Morin & Oshinsky, L.L.P. in the amount of $60,000. That amendment was expected to cover both the TPA assignment, the Spencer Generating Plant sale negotiations, and the Ray Roberts plant decommissioning FERC filing. Due to unexpected difficulties in negotiation of the transfer and sale agreements, the $60,000 was fully expended on that process, leaving no funds for the FERC filing. It is estimated that the FERC filing for the Lake Ray Roberts hydroelectric plant decommissioning will require no more than $30,000, which should be covered by the funds received during the negotiations. The Dickstein firm is located in Washington, D.C., with the FERC, is familiar with FERC filings of this nature, and is familiar with the Ray Roberts filings previously made by PG&E. Therefore, DME feels that firm will be the most efficient firm to perform the work required. The Assistant City Attorney for utility matters has not dealt with FERC filings or hydroelectric licensing matters and does not have the time to perform this work. OPTIONS 1. Contract with the Dickstein firm for the FERC decommissioning filing. 2. Hire a new law firm to perform the work. RECOMMENDATIONS DME recommends approval of the Fourth Amendment. ESTIMATED SCHEDULE OF PROJECT The FERC could take anywhere from five months to a year to complete their process. PRIOR ACTION/REVIEW (Council, Boards, Commission) The Public Utilities Board approved the proposed contract amendment at their May 5, 2003 meeting by a vote of 7 to 0. FISCAL INFORMATION Costs not to exceed $30,000 for a total expenditure under this contract of $931,058.40. EXHIBITS 1. Ordinance 2. Agreement 3. PUB Meeting Minutes Respectfully submitted: Sharon Mays Director of Electric Utilities ORDINANCE NO. 2003- AN ORDINANCE OF 'THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FOURTH AMENDED CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF DICKSTEIN, SHAPIRO, MORIN & OSHINSKY, L.L.P. FOR SERVICES SUPPORTING DENTON MUNICIPAL ELECTRIC IN CONTINUED ELECTRIC GENERATION DIVESTITURE ISSUES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary and appropriate and in the public interest to continue to engage the law firm of Dickstein, Shapiro, Morin & Oshinsky, L.L.P. ("DSMO"), of Washington, D.C., since April 6, 1999, to provide professional legal services incident to, and directly pertaining to issues supporting Denton Municipal Electric and relating to continued activity respecting the electric generation divestiture; and WHEREAS, the City has heretofore previously amended the original Contract for Professional Legal Services on three occasions, as expected and unexpected events occurred which required the involvement of highly specialized professional legal counsel in the area of electric and regulatory law involving the expenditure of $901,058.40 in funds over a four year period of time, until all the funds provided for therein were expended; and WHEREAS, in the month of November, 2002, PG&E unexpectedly provided the City with notice of its intention to transfer all of its interest in the Transition Power Agreement by and between itself and the City to a th/rd party by the close of December 2002; and later, on December 2, 2002, provided the City with further written notice that it also desired to sell the Spencer Generation Plant and related hydroelectric facilities to a third party; City staff had to react immediately to these notices and the law finn of Dickstein, Shapiro, Morin & Oshinsky, of Washington, D.C. began work, immediately, as the City requested, and represented its interests, without hesitation, with regard to these PG&E-related transactions; and WHEREAS, the scope of work for these transactions was not planned, nor was it provided for in the t~ee prior professional service contracts entered into between the City and DSMO, such additional work was estimated to be in the amount of $60,000 additional, totaling $901,058.40; accordingly, the Third Amendment to Contract For Professional Legal Services was entered into on January 7, 2003; and WHEREAS, the City staff has reported to the City Council that the estimate of time and legal services made in connection with the Third Amendment to Contract For Professional Legal Services was inadequate, in December 2002, and DSMO continued without hesitation, to render professional services to the City in order to facilitate the consummation of the PG&E-retated transactions; there is a continued substantial need for the hereinabove described professional services by Denton Municipal Electric; that the estimated budget has been exhausted, that there is need for a Fourth Amendment to Contract For Professional Legal Services, and that limited EXHIBIT 1 City staff cannot adequately perform the highly specialized legal services and tasks, with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act," generally provides that a city may not select a provider of professional services on the basis of competitive bids, but must select the provider of professional services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and the City Council hereby finds and concludes that DSMO is appropriately qualified under the provisions of the law, to be continued as outside legal counsel for the City, specifically Denton Municipal Electric, respecting this engagement; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the procurement of the foregoing professional legal services, as set forth in this Fourth Amendment to Contract for Professional Legal Services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute a Fourth Amendment to Contract for Professional Legal Services with the law finn of Dickstein, Shapiro, Morin & Oskinsky, L.L.P., of Washington, D.C. for professional legal services relating to and following up on transactions that are ancillary to the earlier Denton Municipal Electric partial electric generation divestiture, in the further mount of not to exceed $30,000, in substantially the form of the Fourth Amendment to Contract for Professional Legal Services attached hereto and incorporated herewith by reference. SECTION 2: That the award of this Fourth Amendment to Contract is on the basis of the continued demonstrated competence and qualifications of DSMO, and the ability of DSMO, to perform the professional legal services needed by the City for a fair and reasonable price considering all the circumstances. SECTION 3: That the expenditure of funds as provided for in the attached Fourth Amendment to Contract for Professional Legal Services is hereby author/zed. SECTION 4 That as to the payment of fees and expenses, the Fourth Amendment to Contract for Professional Legal Services is hereby ratified and retroactively approved, and shall be effective from and after January 1, 2003. SECTION 5: That except as provided in Section 4 hereinabove, this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. EULINE BROCK, MAYOR 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY /] · By: ~ S:\Our Documents\Ordinan~es\03~DSMO Fourth Amended Contract- 2003 DME ord.doc THE STATE OF TEXAS COUNTY OF DENTON FOURTH AMENDMENT TO CONTRACT FOR PROFESSIONAL LEGAL SERVICES THIS FOURTH AMENDMENT to that certain Contract for Professional Legal Services (hereafter the "Contract"), executed April 6, 1999; dated effective as of March 12, 1999, heretofore entered into by and between the City of Denton, Texas, a Texas Municipal Corporation with its offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter referred to as "CITY"); and the taw finn of Dickstein, Shapiro, Morin & Oshinsky, a Limited Liability Parmership, with its offices at 210i L Street NW, Washington, D.C. 20037 (hereafter referred to as "LEGAL ADVISOR"); acting herein by and through their respective duly authorized signatories; and WHEREAS, said Contract was further amended by that certain "First Amendment to Contract for Professional Legal Services" (hereafter the "First Amended Contract"), heretofore entered hnto by and between CITY and LEGAL ADVISOR, executed February 20, 2001; dated effective as of January 1, 2001; and WHEREAS, said Contract and the First Amended Contract, heretofore entered into by and between CITY and LEGAL ADVISOR, executed July 16, 2002, as provided by Ordinance No. 2002-221, was further amended by that Second Amendment to Contract For Professional Legal Services ("Second Amended Contract"), dated effective June 1, 2001; and WHEREAS, said Contract, First Amended Contract, and Second Amended Contract, heretofore entered into by and between CITY and LEGAL ADVISOR, executed January 7, 2003, as provided by Ordinance No. 2003-004, was further amended by that Third Amendment to Contract For Professional Legal Services ("Third Amended Contract"), dated effective December 1, 2002; and WHEREAS, said Contract, First Amended Contract, Second Amended Contract, and Third Amended Contract are hereby further amended by the Fourth Amendment to Contract For Professional Legal Services ("Fourth Amended Contract"); to provide for further necessary legal services for the City of Denton, Texas, in further support of Denton Municipal Electric; and NOW THEREFORE, the City of Denton, Texas and the firm of Dickstein, Shapiro, Morin & Oshinsky (hereafter collectively referred to as the "PARTIES"), in consideration of their further mutual promises and covenants, as well as for other good and valuable considerations, do hereby AGREE to the following further amendments to the terms and conditions of the Contract, the First Amended Contract, the Second Amended Contract, and the Third Amended Contract, to wit: 1604674 vi; Yt;~6@OI!.DOC EXHIBIT 2 That the provisions of Section III.C. of the Contract, the First Amended Contract, the Second Amended Contract, and the Third Amended Contract shall instead read and provide for an additional THIRTY THOUSAND and NO/100 DOLLARS ($30,000.00) effective January 1, 2003, as follows: Legal Advisor and the City agree that charges for the legal services contemplated under this Agreement, including all professional services rendered by Legal Advisor and Subcontractor combined, and including direct out-of-pocket expenses, shall not exceed NINE HUNDRED THIRTY ONE THOUSAND FIFTY EIGHT AND 40/100 DOLLARS ($931,058.40). The PARTIES agree, that except as specifically provided for by this Fourth Amendment to Contract For Professional Legal Services, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the parties set forth in the Contract, shall remain in full force and effect. 2 1604674 vl; Y~'~@01 !.DOC 1N WITNESS WHEREOF, the City of Denton, Texas and the firm of Dickstein, Shapiro, Morin & Oshinsky, L.L.P. have executed this Fourth Amendment To Contract For Professional Legal Services, in (4) original counterparts, by and thro~ugh their ~ respe, c.tive duly authorized representatives and officers on this the day of _, 2003; however, to be effective and ratified fi.om and after January I, :~003. "CITY" CITY OF DENTON, TEXAS A Texas Municipal Corporation By: Michael A. Conduff, City Manager ATTEST: JENN/FER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY "CONSULTANT" ATTEST: DICKSTEIN, SHAPIRO, MORIN & OSitlNSKY A Limited Liability Partnership S:\Our Documents\Contracts\03~DSMO Fourth Amended Agrmt-DME 2003.doc 3 1604674 vl; Y#6@OILDOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 DRAFT CITY OF DENTON, TEXAS PUBLIC UTILITIES BOARD MEETING MINUTES May $, 2003 9:00 A.M. After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, May 5, 2003 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: Bill Cheek, George Hopkins, Charldean Newell, Dick Norton, Rob Rayner, Dick Smith and Don White EX OFFICIO MEMBERS Mike Conduff, City Manager Howard Martin, ACM/Utilities ITEMS FOR INDIVIDUAl, CONSIDERATION: 4) Consider approval of Fourth Amended Contract for Professional Legal Services with the Law Firm of Dickstein, Shapiro, Morin & Oshinsky, L.L.P. Mays presented this item. She explained that in January of 2002, the PUB and City Council approved the Third Amended Contract with Dickstein, Shapiro, Morin & Oshinsky, L.L.P. in the amount of $60,000. Those funds were expected to cover both the Transmission Power Agreement (TPA) assignment, the Spencer Generating Plant sale negotiations, and the Ray Roberts plant decommissioning FERC filing. Due to unexpected difficulties in the negotiation of the transfer and sale agreements, the $60,000 was fully expended on that process, leaving no funds for the FERC filing. Hopkins asked if Dickstein, Shapiro, Morin & Oshinsky handles only specific assignments for Denton Municipal Electric. Mays explained that they are used as contract lawyers. White asked how much money did the City of Denton spend on PG &E. Mays responded that the cost was $80,000, which is a standard one-third for attorney fees. Hopkins moved to approve, with a second from Board Member Dick Norton. The motion was approved unanimously. EXHIBIT 3 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: May 27, 2003 Parks and Recreation Department Howard Martin, ACM 349-8232~ SUBJECT Consider adoption of an ordinance of the City of DeNon, Texas authorizing additional expenditures of $332,255.82 associated with the interlocal agreement between the City of Denton and the Denton Independent School District for the construction of an aquatic center; and providing an effective date. BACKGROUND In January 2000 the citizens of Denton approved funding for the construction of an outdoor aquatic center that is currently under construction through a Denton Independent School District (DISD) comract. Through the course of the project there have been a number of unforeseen expenditures that have arisen causing the estimate to exceed current authorized expenditures by $332,255.82. These expenses, which represent the City of Denton's portion of cost shared 50% with DISD include the purchase of easements, design, and construction of off-site utilities, traffic control measures required by the Texas Departmem of Transportation (TXDOT) at Sherman Drive and Long Road, professional services related to materials testing and topographic surveys, impact and meter fees that exceeded original projections, and the addition of an indoor slide. A detailed accounting of these items are shown in Exhibit 2. These items are required for the completion of the aquatic center project. The City Council through previous actions has authorized the expenditure of $5,778,433.00. An additional $245,000 is being comributed to the project by the DeNon Parks Foundation, who raised funds through private contributions. Another $55,500 is allocated through the Recreation Fund operating budget and the Tech Plan. This additional authorization of $332,255.82 will bring the total commitmem for the project to $6,411,188.82 for the City of DeNon, which represems an increase of approximately 6% for the City of Demon share of project cost of the project. OPTIONS The Council may choose to adopt the proposed amendment to the Interlocal Agreement, modify it or reject it. If rejected, the aquatic cemer facility will not be completed and the scheduled grand opening date of June 21, 2003 will be jeopardized. RECOMMENDATION Staff recommends authorization of the additional $332,255.82 as an amendment to the Interlocal Agreement. ESTIMATED SCHEDULE OF PROJECT The Grand Opening of the aquatic cemer project is scheduled for June 21, 2003. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Sept. 26, 2000 Professional Services Contract for Design totaling $111,500.00 May 15,2001 Imerlocal Agreemem approved providing for the expenditure of $4,000,000 for construction and additional undetermined funding for land acquisition, now set at $87,867. August 20, 2001 Certificates of Obligation and Bond Funds approved for the teaching pool, tubing river, children's play pool and bath house expansion totaling $1,191,871.00 August 10, 2002 Certificates of Obligation approved for remaining outdoor slides totaling $387,195.00 FISCAL INFORMATION Funding sources for the $332,255.82 include 1996 & 2000 Bond Funds for Park and Recreation developmem, including parking lots, sidewalk and trail construction, and land acquisition, Park and Recreation General Fund and Recreation Fund operating budget, and Park Land Dedication Interest Earnings. The following summary of costs associated with the Aquatic Cemer project represems the City of DeMon's portion of the project, and do not include DISD's fiscal information. $5,194,419.00 $ 701,226.84 $ 183,287.16 $6,078,933.00 $ 332,255.82 $6,411,188.82 Construction Contract with Charter Builders, Inc. through DISD Professional and Miscellaneous Comracted Services Land, Development Fees and other non-contract services Total Project Cost Prior to Authorization Request Additional Authorization Request (See Exhibit 2) Revised Total Project Cost BID INFORMATION The construction of this project is managed by the Denton Independent School District, and is currently under construction. EXHIBITS 1. Ordinance 2. Detail of Authorization Request Respectfully submitted: Prepared by: Ed Hodney, Director of Parks and Recreation Janet Simpson, Assistant Director of Parks and Recreation ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING ADDITIONAL EXPENDITURES OF $332,255.82 ASSOCIATED WITH THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON INDEPENDENT SCHOOL DISTRICT FOR THE CONSTRUCTION OF AN AQUATIC CENTER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton and Denton Independent School District ("DISD") have entered into that certain Interlocal Agreement dated May 15, 2001 pertaining to the construction of an Aquatic Center consisting of a Natatorium and Outdoor Aquatic Facilities (the "Interlocal Agreement"); and WHEREAS, pursuant to the Interlocal Agreement DISD has entered into a construction contract (the "Construct/on Contract") with Charter Builders (the "Construction Manager"); and WHEREAS, additional unforeseen expenditures to complete the Aquatic Center have arisen for off-site utility construction, expenses exceeding the original estimate, traffic control measures required by the Texas Department of Transportation, and an alternate indoor slide, totaling $332,255.82 (the "Additional Expenditures"); and WHEREAS, the City Council finds that the Additional Expenditures are in the public interest; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDA1NS: SECTION 1. The findings contained in the preamble of this ordinance are incorporated into the body of this Ordinance. SECTION 2. The Additional Expenditures are hereby authorized. The City Manager, or his designee, is authorized to execute any document on behalf of the City to evidence this authorization, including any amendment to the Interlocal Agreement, if necessary. SECTION 3______:. passage and approval. This ordinance shall become effective immediately upon its PASSED AND APPROVED this the ~day of _, 2003. EULINE BROCK, MAYOR EXHIBIT 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. ATTORNEY BY: Page 2 &\Our Documents\Ordinances\03L~.quatie Center Supplemental Expenditure no. 2.do¢ Detail of Requested Authorization I Amount Description Construction Contract Items $ 31,734.00 Indoor Slide - Add Alternate - 50% Shared Cost with DISD $ 25,855.00 Left Turn Lane - TXDOT Requirements - 50% Shared Cost with DISD $ 57,589.00 Total Construction Related Costs Professional and Other Contracted Services $ 170,254.50 Off-site Utility Construction - TGR Contract - Shared Cost with DISD $ 32,024.32 Off-site Utility Construction - TGR Change Orders - Shared Cost with DISD $ 2,000.00 Off Site Utility Design Changes - Teague Nail & Perkins - Shared Cost with DISD $ 4,000.00 Materials Testing - Hooper Engineering - Shared Cost with DISD $ 11,500.00 Topographic Survey Work - SENT - 50% Shared Cost with DISD $ 219,778.82 Total Professional and Other Contracted Services Fees and Non-contract Services $ 25,000.00 Fabric for Pavilion - City cost only related to Water Works Park $ 29,888.00 Impact and Meter Fees - amount exceeding projection - 50% Shared Cost with DISD $ 54,888.00 Total Fees and Non-Contract Services $ 332,255.82 Total Authorization Request EXHIBIT 2 AGENDA INFORMATION SHEET ADENDA DATE: DEPARTMENT: CM/DCM/ACM: May 27, 2003 Economic Development/Community Development Division Linda Ratliff, Director of Economic Development SUBJECT Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2003 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended and providing for an effective date. BACKGROUND On an annual basis, the City of Denton prepares an Action Plan for submission to the U.S. Department of Housing and Urban Development (HUD). The Action Plan serves as the City's application for Community Development Block Grant (CDBG and HOME Investment Partnership Grant (HOME) funding. In 2000, using a process with extensive input from citizens and local non-profit organizations, staff developed Denton's Consolidated Plan for Housing and Community Development. The Consolidated Plan is a five-year strategy detailing housing, social services, public works projects benefiting low and moderate-income households and neighborhoods. Annual action plans are developed based on the strategies outlined in the Consolidated Plan. The 2003 Action Plan is the fourth year in the City's five- year strategy. Public hearings requesting citizen input regarding the use of CDBG and HOME funds were held in December 2002. Application availability was advertised in December. Staff held application workshops in January. CDAC and HSAC held funding hearings during February and March. Both committees developed a set of funding recommendation to present to City Council. Staff has developed these recommendations into the 2003 Action Plan for Council review. Page 8 of the Action Plan provides a list of the activities recommended for 2003 funding. A public hearing was held at the City Council Meeting on April 15, 2003. Several individuals commented on the proposed funding activities. A summary of comments from the public hearing and other comments received during the required 30-day comment period are included on pages 61 - 63 of the 2003 Action Plan (Exhibit A). Please refer to your 2003 Action Plan (Exhibit A) for additional information. OPTIONS · Approve the 2003 Action Plan for Housing and Community Development. · Request revisions to the proposed 2003 Action Plan activities prior to final acceptance. · Provide guidance to advisory committees and ask for reconsideration or restructuring of 2003 Action Plan funding proposals. ESTIMATED SCHEDULE OF PROJECT Public comment period Committee's will brief City Council on Plan Action Plan public hearing City Council considers approval of Action Plan Submission of Action Plan to HUD Environmental review process Release of funds by HUD Project initiation March 31 through April 29, 2003 April 15, 2OO3 April 15, 2OO3 May 27, 2003 June 15, 2003 April 25 through July 14, 2003 July 31, 2003 August 1, 2003 PRIOR ACTION/REVIEW Community Development Advisory Committee members have developed recommendations for allocation of CDBG funds for housing, sidewalk and street improvements. The Human Services Advisory Committee members have developed recommendation for allocation of CDBG and General funds for human services activities. The committees, with assistance from the Community Development staff, developed recommendations for the use of $1,744,570 in CDBG, HOME and program income on housing, capital improvements, non profit facility improvements, social services and program administration. Since the City of Denton received a decrease in the CDBG funding allocation for the 2003 program year, the amount of CDBG funds allocated to human services activities also decreased by $12,275. This is due to the regulatory 15% cap on CDBG-funded services. As requested by the Mayor, HSAC developed two budgets for next year. The first recommendation would keep the same level of funding as last year and would require a $12,275 increase in General Fund dollars. The second reflected the decreased funding cap. Based on direction by City Council at the April 15th City Council meeting, the 2003 Action Plan was revised to include the second HSAC budget that reflected the CDBG funding decrease of $12,275. FISCAL INFORMATION All projects and programs approved under the 2003 Action Plan are funded with CDBG and HOME funds. No general fund dollars are included in the proposed 2003 Action Plan project activities. Some general funds are used in program administration. EXHIBITS Exhibit A: 2003 Action Plan for Housing and Community Development Respectfully submitted: Linda Ratliff Director of Economic Development Prepared by: Luisa Rodriguez-Garcia Community Developmem Division S:\Our Documents\Resolutions\03\Comm. Dev Action Plan Res.doc. 2003 RESOLUTION NO. A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A 2003 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of DeNon, Texas, is concerned with the developmem of viable urban communities, including decem housing, a suitable living environmem and expanded economic opportunities; and WHEREAS, the City of DeNon, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the City of Demon, Texas, as a CDBG emitlemem City and a Home participating jurisdiction, has prepared, through a citizen participation process, a program for utilizing its 2003-year emitlemem funds and program income in the approximate amoum of $1,744,570; and WHEREAS, citizen participation requiremems, including the holding of public hearings, have been met; and WHEREAS, the Community Developmem Act of 1974 and the National Affordable Housing Act of 1990 require an application and appropriate certifications included in the Consolidated Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council of the City of DeNon, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development a 2003 Action Plan and appropriate certifications for entitlement funds under the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended. SECTION 2. That the City Council of the City of DeNon, Texas, authorizes the Community Development Administrator to handle all fiscal and administrative matters related to the application, the Action Plan and the certifications. SECTION 3. That the City Secretary is hereby authorized to furnish copies of this resolution to all interested parties. S:\Our Documents\Resolutions\03\Comm. Dev Action Plan Res.doc. 2003 SECTION 4. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2003 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: CITY OF DENTON 1-YEAR ACTION PLAN 2003 Program year Housing Park Facilities Public Improvements Human Services for housing and community development Prepared for the U.S. Dept. of Housing and Urban Development Presented to Denton City Council on April 15, 2003 www.cit¥ofdenton.com ADA/E OE/ADEA TABLE OF CONTENTS A. Summary of Action Plan 1. Introduction .................................................................................................................. 1 2. Funding Summary ........................................................................................................ 1 3. Local Match ................................................................................................................. 2 4. Citizen Participation .................................................................................................... 2 5. Amendment .................................................................................................................. 2 B. Funding Sources 1. Summary ...................................................................................................................... 3 2. SF-424 Application - CDBG Funds ............................................................................. 5 3. SF-424 Application - HOME Funds ............................................................................ 6 C. Projects/Activities 1. Summary ...................................................................................................................... 7 2. CPD Listing of CDBG and HOME Proposed Projects ................................................ 8 3. Other Resources Available ........................................................................................ 34 D. CP Strategies and Proposed Projects ............................................................................... 35 1. Housing Strategies ..................................................................................................... 35 2. Continuum of Care Strategies .................................................................................... 37 3. Lead-Based Paint Strategies ...................................................................................... 40 4. Human Services Strategies ........................................................................................ 41 5. Infrastructure & Public Facilities Strategies .............................................................. 42 6. Demolition Strategies ................................................................................................ 43 7. Anti-Poverty & Economic Development Strategies .................................................. 43 E. Proposed Project Map ...................................................................................................... 44 F. Other Program Requirements Go 1. HOME- Forms of Investment .................................................................................. 45 2. HOME - Tenant-Based Rental Assistance ................................................................ 45 3. Monitoring Standards and Procedures ...................................................................... 46 4. Public Housing Improvements ................................................................................... 46 5. Public Housing Resident Initiatives ........................................................................... 46 6. Institutional Structure ................................................................................................ 47 Certifications .................................................................................................................... 48 Minutes A. Public Hearings on December 2, 2002 ...................................................................... 53 B. Public Hearing on December 9, 2002 ........................................................................ 58 C. Public Hearing on April 15, 2003 .............................................................................. 61 D. 30-day Comment Period ............................................................................................ 62 SUMMARY INTRODUCTION This document serves as the City of Denton's 2003 Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs. In accordance with 24 CFR Part 91.220 of Title I of the Housing and Community Development Act of 1974, as amended, the City of Denton is required to submit a One-Year Action Plan to the U.S. Department of Housing and Urban Development. The plan outlines the specific projects and services that will be funded during the 2003 program year to address Denton's strategies stated in the 2000-2004 Consolidated Plan. Denton's 2000 Consolidated Plan describes the city's strategies and resources for the next five years creating a stronger link between the needs in the city, strategies and available resources. Based on the needs analysis of the City of Denton, the following five year strategies were identified in 2000 year and are reaffirmed this year: · Housing Strategies: Assistance to Renters, Owners, and Homebuyers and the Production of Affordable Units; · Continuum of Care Strategies: Prevention, Outreach, Intake, Assessment & Referral, Housing Services (Emergency Shelter, Transitional Housing, Permanent Housing w and w/o Supportive Services), and Support Services; · Lead-Based Paint Strategies: Education and Reduction of Lead-Based Paint Hazardous to Owners and Homebuyers; · Human Services Strategies: Development of additional childcare, Improvement of health care services, Continue work with Continuum of Care Planning Committee, Case Coordination and Information Referral, Support of growth strategy in community and Continued allocation support to meet urgent needs; · Infrastructure Improvement Strategies: Improvements to Streets, Sidewalks and Water/Sewer lines, Drainage Improvements, Rehabilitation and Expansion of Public Facilities, Park Improvements and Demolition of Substandard Structures; · Anti-Poverty & Economic Development Strategy: Support Training and Employment Activities, Expand Education Opportunities, Support of Section 3 goals, and Support of Start-up and expansion industry. FUNDING SUMMARY The City of Denton is currently an entitlement city for the Community Development Block Grant and HOME Investment Parmership Programs. The City of Denton's 2003 CDBG allocation is $1,026,926 and the HOME allocation is $622,867. A total of $80,966 in program income is projected for the 2003 program year. SF-424 applications for Community Development Block Grant and the HOME Parmership Investment Program funds are on page 5 and 6, respectively. The HOME program also requires a local match. Page 1 LOCAL MATCH The City of Denton's local match for the HOME program is $147,570. The HOME program requires a participating jurisdiction to provide a 25% match of the federal HOME funds. The 25% match of federal HOME funds excludes administrative allowances of 10%. The City of Denton will provide the match from a variety of sources including the following: Federal Home Loan Bank funds awarded to the City of Denton and the Denton Affordable Housing Corporation (DAHC) for home ownership assistance and home improvement. Denton County Housing Finance Corporation and other non-federal funding awarded to Denton Affordable Housing Corporation and City of Denton. City of Denton Impact Fee Grant Awards used to pay required impact fees on HOME eligible projects. CITIZEN PARTICIPATION To ensure citizen participation in the 2003 Action Plan process, the city followed its Citizen Participation Plan. Public hearings were held December 2nd and 9th. The public hearings updated citizens on the status of current programs and activities and asked how the citizens how they felt the 2003 funds should be spent. Both of the public hearings were held within a low and moderate-income neighborhood. Information on the public hearings was included in the Community Development Newsletter that was mailed out to neighborhood associations; service agencies and beneficiaries; city council, Human Services Committee (HSC) and Community Development Advisory Committee (CDAC) members; churches; contractors; participating lenders; citizens who attended previous public hearings; and interested citizens. A notice was also placed in the Denton Record-Chronicle. After the Action Plan was drafted, advertisements were placed in the Denton Record-Chronicle summarizing the plan and announcing to the public where the Action Plan was available for review, and the process for submitting comments to the City of Denton. The advertisements also included information on the upcoming public hearing. Ads were also placed on the local governmental channel, the local community bulletin and in the quarterly Community Development Newsletter that is mailed to all agencies, applicants, Realtors, participating lenders, committees, and city employees. All comments received from the public were addressed before submitting the plan to the U.S. Department of Housing and Urban Development. To ensure citizen participation at all stages of the 2003 Action Plan process, one public hearing will be scheduled on April 15, 2003 during a City Council Meeting to give citizens the opportunity to comment on the 2003 proposed projects and activities. See Appendix H on page 53 for minutes of all three public hearings. Page 2 AMENDMENT The City of Demon has also amended he 1997 Action Plan for Housing and Community Development. The amendment would allow the City of Denton to reallocate $13,811 in CDBG funds. The 1997 Action Plan included $13,811 in CDBG funds for construction of handicapped- accessible ramps at various SPAN Transportation bus stops. Use of funding was initially delayed due to a reassessment of bus routes and a subsequent change in bus stop locations. Since the funds were no longer needed for ramp construction, funds were reallocated to the Home Improvement Program, an existing program, and the SPAN Curb Cuts/Ramps Project was cancelled. 2003 FUNDING SOURCES Entitlement Grant (Includes Reallocated Funds) CDBG $1,026,926 ESG $0 HOME $622,867 HOPWA $0 Total $1,741,604 Prior Years' Program Income Not Previously Programmed Or Reported CDBG $0 ESG $0 HOME $0 HOPWA $0 Total $0 Reprogrammed Prior Years' Funds (Amendment Section) CDBG $13,811 ESG $0 HOME $0 HOPWA $0 Total $13,811 Total Estimated Program Income CDBG Loan Repayments HOME Loan Repayments Total $47,966 $33,000 $80,966 Section 108 Loan Guarantee Fund $0 Total Funding Sources $1,744,570 Page 3 Other Funding Sources City of Demon - General Funds City of Demon - Plus One Funds Contributions County Grants Federal Grants Food Shelter Grant Foundations In-Kind Interest Local Grants Miscellaneous Grants Other Grants Prior Year Reserves Program Income Sale Proceeds Special Events State of Texas Grants United Way World Services Total Submitted Proposed Projects Totals Un-Submitted Proposed Projects Totals $623,585 $26,000 $318,131 $5,000 $2,438,526 $45,000 $82,500 $26,750 $1,712 $175,450 $190 $195,380 $13,860 $751,076 $2,952,405 $129,000 $207,069 $329,792 $1,600 $8,323,026 $1,744,570 $0 Page 4 Application for Federal Assista nco j~. T~ of Sub,miission; A~pl cation: hi~ Applicable ~pp iCatiO~ tJ'ot P, pplicabl~ 2. D~e Submi~d o~1 ~3 IFeder~ Identifie~ Applicant l~r~orm!~ion LeGa~ Name O'gan~atioa~al Unil~ City o~ Dentcm Comm~ni~- ~¢¢¢¢iopment Oivi~ion 1,[3t S, Locust, Su~ 500 Denton. TX 76~0fl Type; .Co~nti~ual~en 10. Catalog ~ Federal D3mas*ic ~sistance Ca~!og Numbe~: 14-2!8 ~i~a~c~s Tibia: Co~mu~ ~evel~pm~,nt 8~ck 12/~reaesAff'e~ed 3y p~j~ City of De,tom T~ixas Be~bara L. Ro~s (cji) 34~-723~ Municipal ~ ~ De~riptiee Til~ of Appiica~[s Project: ~0usi~g rebebi!'.tat~n, minor ~pai', s,i~a~ er~J homecwr~e'ship ass;is~;a~, irr~p,reu'erne~t to ¢~b~ic fac, i~itiee and program ~dmi~stratio~. 13. Prepared Project: 07G W04 $1,026,926 ~. Slal!e cL Loca! $47,966 the A~lic~3t ~l~inq~ent c~q A~y Fe¢era~ Debl? N(~ $1 ~o74,8~ 1 Page 5 Application for FeStal Assistance Type o~ SuEmis~n; ~pli~ficm: _Net ~b~ ,reeppl;ce~3on ~on ~ Co~str~c~on 06715K1~3 75~ 00514 S~'~e Applical~i~on Id~an~fie¢ Bent~n,, ~ 76~O1 De~en C~un~y 8, T~pe o~ AplCiceti(>n: Cc~tecl (94~) 349~,7235 7. T3'P~ U,$ DeC, o~ H,o,us~r~ & U~ban Deve!~¢~'~e~t Catalog N~m~bef: 14¢239 Assistance T~e; HO~IE !r~'estrne~t Pa~ershi¢~ Program ~2. Am~sAffe~d ~y Project Ci~ r~f Demfo~ Texas 13. Pro~ed; Proje,~; (;8/0!/03 ~ 07t31~4 8. Loca~ 26, 13, 4, I 26~, 13, 4 i6, ;s Aicplicatio~ $.t~bj~ !~o Review b~' Sta~ E;~eouti*,,e Or'Jet 1237'2 Process~ ~,7~ ~s, th~ Ap~lice~t Delinq~e~,t oa ~ FeCem! Debt? [~. To the I:esl~ cf my~knowledg~ an~ heifer, alii ~a in tNs ~P~a.!ia.n¢~ea~p!ica~on a'e t~ an~ correct; ~e d~0cumnt has been a. Typed [~ame of ~thefi~d Rep~a~ ~ b.. Ti[l~ ~ c. Tele~one Number Mi~ael A Con~uffI CgY Ma~g~,r~ ~940} 34D-8,307 Page 6 2003 PROJECTS/ACTIVITIES SUMMARY The City of Denton's total federal and program income funding for 2003 is $1,744,570 (includes $13,811 of Reprogrammed Funds). Program funds have been allocated to an array of projects and activities to benefit low and moderate-income households. Each project is described in detail from pages 8 to 33 and is arranged by project name. See the following list of CDBG and HOME proposed projects and activities for their assigned project and page number: Page # Project Name CDBG HOME Project # 8 Adult Day Care of North Texas $8,455 $0 8 9 AIDS Services of North Texas $15,000 $0 9 10 Bradshaw and Crawford Sidewalks $83,158 $0 16 11 CDBGAdministration $214,385 $0 1 12 DCCD School Improvements $61,344 $0 3 13 Day Laborer's Pavilion Improvements $10,000 $0 23 14 Demolition Program $15,000 $0 17 15 DuncanRepave $110,489 $0 19 16 Family Health Care, Inc. $30,000 $0 10 17 Fannin Repave $28,788 $0 20 18 Graffiti/Blight Abatement $5,000 $0 21 19 HOME Administration $0 $65,587 5 20 Home Improvement/OptionalReconstruction $137,463 $120,105 6 21 HomebuyerAssistance Program $39,000 $97,535 7 22 HOPE, Inc. $30,000 $0 11 23 Illegal Dumping Project $20,000 $0 22 24 Infill New Construction Program $0 $216,640 24 25 Interfaith Ministries $2,250 $0 12 26 Minor Repair Program $40,000 $0 4 27 Nevada Court Project $0 $156,000 2 28 Paisley Sidewalk $72,998 $0 25 29 PARD: ASAS/TRAC $17,000 $0 13 30 PARD: King's Kids Day Kamp $19,800 $0 14 31 PARD: Owsley Summer Playground $19,500 $0 15 32 Prairie Sidewalk $94,073 $0 26 33 Salvation Army $15,000 $0 18 Total Funding Allocated to Projects $1,088,703 $655,867 Funding Available $1,088,703 $655,867 Unprogrammed Funds $0 $0 Page 7 Page 8 Page 9 0 Page 10 ~:o Page 1 1 Page 12 8 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 0 ~ ~ 0 :8 Page 30 Page 31 Page 32 0 ~ c~ Page 33 OTHER RESOURCES AVAILABLE Also, during the 2003 program year, the City of Denton plans to undertake additional activities/programs to address local objectives and strategies using City of Denton General Fund dollars. The Human Services Advisory Committee has recommended funding the following human services program. It is recommended that these activities be funded through Denton's general fund budget. City Council will consider approval of the following recommendations in September 2003. Category / Agency General Funds Other Funds Aging Services RSVP $7,400 $324,540 SPAN, Inc. $29,000 $1,568,507 Emergency Services: Community Food Center $3,000 $31,000 Interfaith Ministries $15,000 $0 Special Needs Services Adult Day Care of North Texas $545 $0 Youth, Children & Family Services Children's Advocacy Center $9,650 $458,604 Court Appointed Special Advocates, Denton Co. $8,000 $319,249 Denton Christian Preschool $30,000 $246,172 Denton City Co. Day School $35,000 $396,703 Denton County Friends of the Family $32,400 $1,469,085 Denton Co. MHMR (SIERRA Program) $9,000 $15,687,643 Denton Family Resource Center $7,650 $124,900 Fred Moore Day Nursery School $39,000 $400,842 Owsley Community School - Education $14,750 $13,000 Owsley Community School - After School Care $13,000 $25,000 Sickle Cell Disease Assoc. $4,500 $292,463 Information & Referral HelpNET $22,500 $50,025 Total $280,395 $22,970,395 Page 34 STRATEGIES & PROPOSED PROJECTS The City of Denton's 2003 funding has been allocated to programs and activities that meet objectives stated in Denton's five-year strategic plan. Following is the list of the five-year strategies and proposed outcomes stated in the Consolidated Plan and proposed projects and activities that will be undertaken to meet those strategies. 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities RENTAL HOUSING STRATEGIES Increase the number of units of 1)No net loss in the number of Support of Denton rental assistance available to units of assistance available from Housing Authority and Denton citizens. DHA. 2) Collaborative efforts Special Needs Tenant between DHA and the City of Based Rental Assistance Denton to increase available rental subsidies. Encourage the development of self- Initial program objectives would Funding HOPE, Inc. and sufficiency programs that move be to move 3 to 5 households per Interfaith Ministries. households off rental subsidies, year off rental assistance or other Support of Denton public assistance programs, Housing Authority. approximately 20 households over the five-year period. Encourage and support the Rehabilitation of 4 to 5 rental units Continuation of the rehabilitation of substandard units per year. Approximately 25 units City's Rental in the city. over the five-year period. Rehabilitation Program with Residual funds. Encourage and support the Production of 50 additional Support of Denton construction of additional affordable rental units each year, Affordable Housing affordable rental units. 250 over the five-year period. Corp., City of Denton's Impact Fee Grant Waivers and eligible LIHTC Projects. Page 35 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Encourage and assist low-income See Homeownership strategy Funding City's renters in Denton to become Homebuyer Assistance homeowners. Program, In-fill New Construction Program and the Denton Affordable Housing Corp. - Nevada Court Project. Support of DAHC's AHOP Program and Habitat for Humanity. OWNER-OCCUPIED HOUSING STRATEGIES Educate the community regarding Attendance at classes by 10 Funding of City's Home budgeting, home maintenance, homeowners each year of the five- Improvement Program saving for major repairs and home year period for a total of 50 and Homebuyer cleaning practices, homeowners. Assistance Program. Support of the Homeownership classes Assist low and moderate-income Average of 15 emergency repairs Funding of Minor Repair households with emergency each year of the five-year period Program housing repairs and weatherization, for a total of 75 repairs. Encourage low and moderate- Average of 7 units will be brought Funding of Home income homeowners to maintain up to City of Denton building code Improvement Program their units up to current City of standards on an annual basis. This Denton code standards, will include renovated and reconstructed units. Approximately 35 loans will be provided over the five-year period HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS Educate community regarding 150-200 households participating Support City's and homeownership opportunities and in homeownership classes each DAHC's Homeowner- responsibilities, year of the five-year period, ship classes Page 36 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Encourage homeownership among Move 60 Denton renter households Funding of City's Denton's low and moderate-income to homeownership each year of the Homebuyer Assistance renter households, five-year period. Program and DAHC's Affordable Housing Opportunity Program. Support of DAHC's Affordable Housing Opportunity Program Encourage and support production Construction of an average of 15 Funding of Denton of affordable units, units per year over the five-year Affordable Housing period for an estimated total of 75 Corp. - Nevada Court new units, and City's Infill New Construction Program. CONTINUUM OF CARE STRATEGIES - PREVENTION Decrease the number of persons By the third year, provide Support of Consumer evicted from rental units or education to 100% of households Credit Counseling, defaulting on mortgages, receiving housing assistance, homeownership classes and DAHC's AHOP Program. Funding City's Homebuyer Assistance Program, DAHC's Nevada Court Project, HOPE Inc. and Homeownership classes. Support funding targeted toward Fund an additional $50,000.00 in Funding of Interfaith assistance with rental and utility combined rental and utility Ministries, HOPE Inc., deposits, deposits. Salvation Army, Denton County MHMR. Support the Denton Housing Funding partnerships will be Support of Denton Authority's requests for increased developed with the local housing Housing Authority subsidies and Section 8 rental authority in order to provide assistance vouchers, and increase additional subsidies and affordable the number of vouchers allocated to housing units. residents. CONTINUUM OF CARE STRATEGIES - OUTREACH Increased coordination of available Add at least 15 organizations to Funding HelpNET and services to make access to services the existing service coordination participation in the more efficient and to address gaps system. Denton County Homeless in services. Coalition. Page 37 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Insure that agencies serving Train staff from participating Funding HelpNET and homeless hh's are educated on agencies on the service participation in the available services and taking part in coordination system. Denton County Homeless the coordinated efforts. Coalition. Coordinate funding partnerships to Partnerships will be created to Participation in the better provide coordinated services increase funding by 50% for Denton County Homeless and to foster collaborative efforts, services provided to homeless Coalition. households. CONTINUUM OF CARE STRATEGIES - INTAKE, ASSESSMENT & REFERRAL Improve intake, assessment and Add an additional 15 agencies to Funding HelpNET and referral to expedite provision of the service coordination system participation in the assistance, and provide a central repository of Denton County Homeless information for improved Coalition. coordination and intake. Improve intake, assessment and Add an additional 15 agencies to Funding HelpNET and referral to expedite provision of the existing service coordination participation in the assistance, system and link each of these Denton County Homeless agencies with existing database. Coalition. CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - EMERGENCY SHELTER Facilitate the development of Develop and open an emergency Participation in the increased shelter space for families shelter by June 2005. Denton County Homeless and pregnant women. Coalition. Work with existing agencies and Increase assistance to families Participation in the public officials to determine needing shelter for 5 days to 30 Denton County Homeless akemative methods to assist days. Investigate bringing short- Coalition. households who have exceeded term family units to the available shelter tenure, community. Investigate an emergency shelter for Determine whether a youth shelter Participation in the youth and the legal ramifications of should be created in Denton and Denton County Homeless such a shelter, investigate funding sources, legal Coalition. barriers, and potential providers. Page 38 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - TRANSITIONAL HOUSING Increase transitional housing for Assist a minimum of 20 additional Funding of HOPE, Inc. homeless households with special families over the five years. 75% needs, of total homeless families receiving transitional housing will come from target special needs population. Develop affordable transitional An additional 20 transitional Support of HOPE, Inc., housing units for homeless housing units will be developed Denton Affordable households, through the joint effort. Housing Corp. and Denton County Friends of the Family CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - PERMANENT HOUSING W/O SUPPORTIVE SERVICES Support and advocate for local Committee representatives will Participation in the public policies to support affordable make at least 3 presentations per Denton County Homeless housing and land acquisition, year to city officials, local Coalition. electorate and community leaders regarding affordable housing. Continue to develop affordable Construct or develop of an average Funding of DAHC's housing and more appropriate of 25 units per year over the five- Nevada Court Project, housing for homeless households, year period for an estimated total City's Infill New of 125 new units. Construction Program, Support of Habitat for Humanity, Denton Housing Authority and Christian Community Action CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - PERMANENT HOUSING W/SUPPORTIVE SERVICES Continue to develop permanent Create at least 15 new permanent Support of Denton supportive housing units for supportive housing units for Affordable Housing homeless households with special homeless households with special Corp., AIDS Services of needs, needs. North Texas and Denton County MHMR. Page 39 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities CONTINUUM OF CARE STRATEGIES - SUPPORT SERVICES Continue expansion of service An additional 15 service providers Funding of HelpNET and coordination and collaboration will be added to the service participation in Denton among providers to assist clients coordination computer network, County Homeless toward maintaining self-sufficiency, including a minimum of 5 in Coalition. Lewisville. Expand affordable, quality daycare Additional childcare slots for Funding for Fred Moore for homeless households, homeless households will be Day Nursery, City available. County Day School, Friends of the Family and Denton Christian Preschool. Support of Child Care Management System Promote affordable health care and An increase in public-private Participation in the health education for uninsured and parmerships will take place. Denton County Homeless underinsured homeless households. Coalition and Human Service Advisory Committee. Advocate for improved Denton County Homeless Participation of Denton transportation to meet the needs of Coalition will make County Homeless homeless households recommendations to public Coalition. officials for improvement in transportation system. LEAD-BASED PAINT STRATEGIES Educate owners/first-time 150 -200 households participating Funding of Home homebuyers on hazards and safe in the successful homeownership Improvement, Minor handling of lead-based paint, workshops each year of the five- Repair and Homebuyer year period. Assistance Programs. Reduce Lead-Based Paint Hazards Average of 50 units annually will Funding of Home residential units, receive lead-based paint reduction Improvement, Minor work and clearances. Repair and Homebuyer Assistance Programs. Page 40 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities HUMAN SERVICES STRATEGIES Explore various options for the Evidence of additional child care Continue working development of additional childcare opportunities; Implementation of Human Services available to low-income voucher program or increase in Advisory Committee, households, current assistance levels; and United Way, CCMS, Number of public-private Fred Moore Day School, collaborations that take place. Denton Christian Preschool, North Central Texas Workforce Board and City County Day Nursery Improve health care services Number of public-private Continue working with available to low-income collaborations that take place. Human Services households. Information describing Advisory Committee, effectiveness of the program in Family Health Care, Denton and Denton County United Way, CHIP Positive response from local Coalition, Healthy physicians and an increase in Communities Task Force physician providing services to and Flow Foundation Medicaid-eligible households. HSAC to work with the Denton Not Applicable. Participation in the County Homeless Coalition to Denton County Homeless focus on programs benefiting Coalition. persons who are homeless or potentially homeless Discuss and implement a strategy to Not Applicable. Continue working with expand the current system of case HelpNET and Human coordination and centralize Services Advisory information among service Committee providers including but not limited to - emergency financial services, housing services and health care. Support a growth strategy that Not Applicable. Continue working with includes human services as an the City of Denton and essential part of the community's Human Services infrastructure. During the five-year Advisory Committee period, HSAC will recommend moving to a human services general fund set aside that is at least 1% of the total general fund budget. Page 41 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Continue allocation of scare Funding of AIDS Services, Denton County MHMR, Family resources to meet urgent Health Center, HOPE Inc., Interfaith Ministries, PARD: community needs as identified ASAS/TRAC scholarships - Owsley Summer Playground through a community assessment Program - King's Kids Day Kamp, RSVP, SPAN Inc., process. Community Food Center, Salvation Army, Court Appointed Special Advocates, Denton City County Day Nursery, Denton County Friends of the Family, Denton Family Resource Center, Fred Moore Day Nursery School, Sickle Cell Disease Assoc., Denton Christian Preschool, HelpNET, Adult Day Care of North Texas, Children's Advocacy Center and Owsley Community School. INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES Street paving and repaying, 21,000 square yards of paving Funding of Fannin and installation of curb and gutter, and/or repaying completed. Duncan St. Repaying Installation of new sidewalks and Installation of 2,325 square yards Funding of Paisley, replacement sidewalks, of new sidewalks. Prairie, Bradshaw and Crawford sidewalks. Installation of water and sewer Installation of 200 feet of new Not applicable this year. lines. Connection of residential sewer and 2,000 feet of new water units to services, lines over the 5-year period. Installation of drainage Eight to ten residential properties Not applicable this year. improvements removing residential no longer designated as being in areas from floodplain, the flood plain. Rehabilitation and expansion of Improvements to 2 or more public Funding of public services facilities, service facilities that enhance improvements at Denton services to low/mod clientele. City County Day School and Day Laborer's Pavilion Improve and/or expand park Improvements to 2 park facilities Not applicable this year. facilities including open space, by 2005. playground and other recreational facilities. Correction of deficiencies affecting Graffiti removal on the exterior of Funding of Illegal the health and safety of businesses and removal of Dumping and Graffiti neighborhood residents, environmental contaminants from Abatement. dumpsites. Positive input from the community on the effectiveness of these programs. Page 42 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities DEMOLITION STRATEGIES Continue to demolish substandard To demolish 35 structures during Funding the Demolition buildings to improve the the five-year period. Program. appearance and safety of neighborhoods. ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES Support training and expand Observe a measurable increase in Support to North Texas training and employment activities the number of poverty and low- Human Resource Group targeted to poverty and very low- income households who achieve income households, self-sufficiency. Expand educational opportunities Feedback indicating information Funding of HOPE Inc., for those seeking transitional was disseminated. 25-35 hh (over Denton Affordable housing or other housing support 5 years) in transitional prog Housing Corp., and services, receive counseling services. Support of Consumer Credit Counseling Encourage support of Section 3 Over the five-year period 25+ Bradshaw, Crawford, goals by local contractors, individuals hired for projects by Paisley & Prairie private contractors. Sidewalks, Denton City County Day School Project, Duncan & Fannin St. Repaves and Day Laborer's Pavilion Improvements, Encourage start-up and expansion Loan assistance to 25 Continuation of Small of micro/cottage industries microbusinesses over the five-year Business Program with supporting very low-income hhs. period, residual funds. Page 43 2003 PROPOSED PROJECT MAP With Minority Concentrated areas by Census Tracts 2003 Projects and Activities 1 Adult Day Care of North Texas 2. AIDS Services of North Texas 3. Bradshaw, Crawford & Prairie Sidewalks 4. Denton City County Day School Project 5. Duncan Repave 6. Family Health Care/Interfaith Ministries 7. Fannin Repave 8. Improvements to Day Laborer's Pavilion 9. Interfaith Ministries 10. Nevada Court Project 11. Paisley Sidewalk 12. PARD: Kings Kids Day Camp 13. PARD: Owsley Summer Playground 14. Salvation Army CommuniW-Wide Activities CDBG and HOME Administration Home Improvement Program Homebuyer Assistance Program HOPE, Inc. Interfaith Ministries Minor Repair Program PARD: ASAS Scholarships Page 44 OTHER PROGRAM SPECIFIC REQUIREMENTS HOME PROGRAM FORMS OF INVESTMENT The City of Denton, through the Homebuyers Assistance (HAP) will provide subsidies to low- income homebuyers. Under each program the maximum HOME subsidy will be $14,900. This amount includes all investment that enables the family to purchase the unit. This sets up a 5, 10 or 15-year recapture period for all homebuyers. The subsidy is provided as a 5, 10 or 15 year deferred forgivable loan. The borrower agrees to occupy the property as his/her primary residence for the term of the loan from the execution date of the promissory note and deed of trust. The borrower must also agree to pay all mortgage payments, taxes and other assessments on the property in a timely manner. In the event the borrower complies with the terms of the promissory note, deed of trust, and the HAP Program, the City of Denton agrees to release the maker of the note from payment of the loan. Upon the borrower's failure to carry out the agreement and program requirements the entire amount of the loan will be due and payable in full immediately from net proceeds*. Recaptured funds from the HAP Program will be used to assist other first-time homebuyers. Funding agreements and/or contracts with community housing development corporations and/or subrecipients will include a requirement that the organization comply with HOME regulations in regard to continued affordability of assisted units. There are no other forms of investment that are not described in §92.205(b) by the City of Denton. *Net proceeds - defined as the sale price minus loan repayment and closing costs. HOME TENANT BASED RENTAL ASSISTANCE The City of Denton's Tenant-Based Rental Assistance Program (TBRA) has been developed to assist very low-income households in obtaining safe, sanitary housing. According to the 2000 Consolidated Plan for Housing and Community Development, 54% of renters are very low income. The Plan also states that there are 491 very low-income households on waiting lists for Section 8 subsidies or subsidized housing units. The elderly population in Denton has increased by 29% since 1980. About 40% of the elderly in Denton are renters. More than 65% have incomes at or below 50% of the area median income. Housing studies indicate that there is adequate housing for middle and upper income elderly. However, service providers state a need for additional housing that is within the reach of low and very low-income elderly. Support services, designed to allow the elderly to remain independent, are needed as a supplement to the housing assistance. Information provided by citizens at a December 1997 public hearing indicated a need for rental assistance targeted to persons with disabilities. Citizens noted that there was no assistance available and that the waiting list for Section 8 assistance was extremely long. The information discussed in the 2000-2005 Consolidated Plan concerning the need for affordable rental housing for the elderly and citizen requests for assistance for persons with disabilities has led the City of Denton to adopt a Tenant Selection Policy. This policy will be used to determine Page 45 appropriate participants under the City's Tenant-Based Rental Assistance program. TBRA is an essential element of Denton's Consolidated Plan and will serve to expand the supply of affordable, decent, safe and sanitary housing for very low-income households. MONITORING STANDARDS AND PROCEDURES The City of Denton will complete an annual comparison of the objectives stated in the 5-year Consolidated Plan with actual accomplishments. Based on the comparison the City of Denton will consider making changes or updates to the 5-year Consolidated Plan. The City of Demon provides CDBG, HOME and General funds to several non-profits agencies and departments providing supportive services. The City's Human Services Coordinator monitors agencies on a daily basis. Each year agency staff is provided with training on financial procedures and data collection. Agency staff is provided with appropriate Federal guidelines and OMB circulars to ensure that they have access to pertinent information. Agencies are required to provide quarterly beneficiary and financial reports. A year-end report is required to detail annual expenditures, beneficiary information, funding sources and major accomplishments. Each year, the Human Services Coordinator completes a risk analysis based on established criteria. On-site monitoring visit are completed on all "high risk" organizations. The on-site monitoring includes a review of client files, financial and accounting records, and procurement procedures. Independent audits are also submitted and reviewed by the City staff. A similar process is also followed to monitor the Denton Affordable Housing Corporation, a certified CHDO. The City's Community Development Administrator with the help of the Coordinator monitors the CHDO on a regular basis to ensure that the non-profit is meeting HOME regulations. Programs and projects carried out by the City are monitored daily. Staff maintains checklists on individual projects to ensure that all required procedures have been completed. The Housing Rehabilitation Staff maintains records on all rehabilitation projects. The Community Development Coordinator maintains records for the Homebuyer Assistance Program and the Administrator maintains records on public infrastructure projects. The Administrator reviews and certifies all applications prior to provision of assistance. A year-end report that details expenditures, revenue, beneficiary information and major accomplishments is also required from all City programs and projects. PUBLIC HOUSING IMPROVEMENTS The City of Denton has no public housing units. PUBLIC HOUSING RESIDENT INITIATIVES The City of Denton has no public housing units. However, City staff will continue to work with the Denton Housing Authority to promote the Homebuyers Assistance Program to those currently receiving Section 8 assistance. Information on the Homebuyer Assistance Program has been mailed to all Section 8 recipients with their utility bills. No resident initiatives strategies were included in the Consolidated Plan. Page 46 INSTITUTIONAL STRUCTURE The City of Denton's 2000 - 2005 Action Plan notes four "gaps" in organizational structure that hinder effective housing and social services delivery. These gaps include the following with the City's efforts to ameliorate these conditions during the coming year: 1. More effective coordination among Continuum of Care agencies. Community Development will continue to work closely with the Denton County Homeless Coalition. DCHC was formed through the effort to create a joint Continuum of Care plan for the cities of Denton and Lewisville. The DCHC has established a "Steering Committee" to facilitate planning and implementation of homeless and homeless prevention services. Five local agencies collaborated on an Emergency Shelter Grant Program application to the State. Approximately $116,000 in funding was awarded by the State. This was a 100% increase over prior year funding. Denton County Mental Health Mental Retardation also received approximately $700,000 in Supportive Housing funds under the Continuum of Care NOFA. 2. Initiation of advocacy efforts and strategic planning by housing providers. Local housing providers continue to work together in an attempt to develop a single housing advocacy group for the Denton community. HelpNET has agreed to take on the "staff" position for the group in an attempt to provide some continuity. University of North Texas staff is participating in the advocacy group along with local realtors, lenders, the Denton Housing Authority, the City of Denton, Denton Affordable Housing Corporation, HOPE, Inc. and other housing professionals. Lack of Involvement by private developers and builders in the affordable housing production system. Denton has seen an improvement in the participation by private developers and builders in affordable housing production. More builders participate in the bidding process. The Community Development Division continues to attend local quarterly and monthly builder's meetings to bring awareness of affordable housing programs to the builders and to solicit their participation. Lack of experience by private contractors in lead hazard reduction and lack of funding to complete projects. The Community Development Division provides reimbursement of training fees to participating contractors who become certified to complete interim control or abatement projects. Funding is also available to offset liability insurance cost increases when certified contractors add hazard material riders to their General Liability insurance coverage. The City of Denton is a partner agency with the City of Fort Worth in a lead hazard control program. Fort Worth is also providing funding to contractors to become certified in lead hazards, which will provide additional trained firms to this area. Page 47 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affu:matively further fair housing, which mea~s it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement a~d relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug-free workplace by: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the gra~t, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Page 48 Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and It will require that the language of paragraph (n) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loa~s, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with Plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic pla~. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Paxt 135. Signature of Authorizing Official Date Denton City Manager Title of Authorized Official Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570.) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Page 49 Use of Funds -- It has complied with the following criteria: Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities that benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particulax urgency because existing conditions pose a serious and immediate threat to the health or welfaxe of the community, and other fmancial resources are not available); Overall Benefit. The aggregate use of CDBG funds including section 108 guaxanteed loa~s during program yeax(s) 2003 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds axe used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) fmanced from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements fmanced from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements fmanced by a source other tha~ CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and A policy of enforcing applicable State and local laws against physically barfing entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination Law s -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint -- Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with the requirements of 24 CFR § 570.608; Compliance with Laws -- It will comply with applicable laws. Signature of Authorizing Official Date Denton City Manager Title of Authorized Official Page 50 Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the paxticipating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- It is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- Before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing. Signature of Authorizing Official Date Denton City Manager Title of Authorized Official APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug-Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. For grantees other than individuals, Alternate I applies. (This is the information to which jurisdictions certify). 4. For grantees who are individuals, Alternate II applies. (Not applicable jurisdictions.) Workplaces under grants, for grantees other tha~ individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. Page 51 Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph five). The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Community Development Divisiom 101 S. LocusL Suite 500~ Denton CiW and County Texas 76201 Check_ if there are workplaces on file that are not identified here; The certification with regard to the drug-free workplace required by 24 CFR part 24, subpart F. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporaxy personnel a~d consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Page 52 Community Development Public Hearing December 2, 2002 American Legion Hall Community Development Advisory Committee Members Present: Peggy Fox, Harry Bell, Edward Touraine and Will Taylor Human Services Advisory Committee Members Present: Lovie Price Community Development Staff Present: Nancy Baker, Anita Ferguson, Wendy Nalls, and Barbara Ross Participants: Catherine Bell Lucille Bruce Gracy Buckhanan Leslie Buckhanan Lillie Clark John Clay Louis Clay Ruby Cole Jimmy Cross Sandra Cross Audra Curry Loraine Fowler Willie Garrett Betty Kimble Sherri McDade Shirley Mann Ruby Mister Carolyn Phillips Pearl May Redford Billy Redmon Will Taylor Peternia Washington Harold Williams Bettye L. Wilson Barbara Ross opened the hearing and introduced the committee members and staff. Ms Ross also introduced Council Member Raymond Redmon and Pam Rambo-Estill from the City Manager's Office. Ms. Ross reviewed program performance for the past two years and provided the status of capital improvement projects that had not yet begun. Those in attendance discussed the Fred Moore restroom project Billy Redmon asked if the restrooms would be open 24 hours a day. Ms. Ross indicated that she thought they would be closed at night. They also discussed whether the existing restroom building would be demolished. Ms. Ross stated she thought it would be demolished. Council member Redmon indicated that he thought it would remain and would be used for storage. Ms. Ross added that she would check with the Parks and Recreation Department and Facilities Management to get the answers to these questions. Attendees divided into four groups and discussed community needs. The following are comments from each group. Group A Facilitator - Nancy Baker Carolyn Phillips: · Street repaving on Duncan Street stopped before reaching the neighborhood housing. She stated she would like to see the paving on Duncan Street be picked up where it left off and complete it up to Morse Street Page 53 · Make sure that funding given to outside agencies (DAHC & HOPE were mentioned) is serving their target populations by collecting their data and by monitoring agencies to include beneficiary information. · Continue with adult type education like the budgeting classes and homebuyer assistance workshops. Also maybe have similar training for SE Denton teens that are graduating from high school. · Preservation of the neighborhood. · Summer programs designed to serve older youth programs maybe at MLK or Fred Moore. Shirley Mann: · Preservation of the neighborhood. · Need more affordable rents in SE Denton area. Lucille · · · Bruce: Finish paving on Morse Street and Duncan Street. Install speed humps on Morse Street to slow down speeding traffic. Repair street light that is burned out at Bell and Robertson Streets intersection Harold Williams: Would like to see that some funds go to help families that don't meet rehab program income requirements (or that may have some debt problems). Other Group Comments: This group expressed now that the floodplain designation was removed from much of SE Denton area, that a potential for owners to sell and not care what happened to the neighborhood was high and they wanted to express that it is important to them that the neighborhoods be preserved. Group B Facilitator - Anita Ferguson Raymond Redmon: · After school programs and daycare are priorities. · Fred Moore Park needs additional parking. · Fence around South Oakwood Cemetery · Curb and gutter on Prairie Street east of Rails to Trail · Sidewalk on Prairie from Bradshaw to Locust Street · Extension of Industrial to Mr. Stansberry's house · Child day care money for businesses and religious faith-based institutions · After school programs for kids in target area · Money allocated for a feasibility study for MLK Boulevard · Sidewalk down Kerley Street from Duncan/Reed/McDonald · Creation of neighborhood empowerment zone · Restrooms at Phoenix Park Page 54 Catherine Bell: Daycare that opens early morning and closes late in the day. Also overnight daycare for night shift workers. Audra Curry and Catherine Bell: · Sidewalks · Extend Fred Moore Park onto land east of park on Bradshaw · Cemetery needs fence on other side · Affordable housing should be scattered throughout the city. Not all in southeast Denton. Southridge and other neighborhoods should be included. · Boys and Girls Club should continue to receive funding. There should be more affordable after school programs. · Funding should be increased for childcare. · #1 priority childcare - need tutoring programs. · Finish paving on Wilson Street and parts of Hill Street. Group C Facilitator - Barbara Ross Billy Redmon: · Stated that sidewalks are needed along Lakey Street and on Morse St. Sidewalks are also needed up Prairie St. to Carroll in order to link SE Denton to downtown. He noted that many people from SE Denton walk to the downtown area. · Gravel driveways that open to paved streets often have the gravel washed away by water flow. He suggested that the City might want to pave these driveways at least four feet in. · The community needed to work more with private enterprise to develop affordable housing. · No income cap to the assistance provided to owners of low to moderate-income rental property. · The money is currently going only to non-profits and that private enterprise should be included. · The creek that runs behind Bradshaw and Rose and then to McKinney is eroding and needs some work. · Needs to be a way to assist the "down and out" in the community - those that have no way to get or maintain their own housing. Ruby Mister, Chief Executive Officer of the Denton Housing Authority and Sherfi McDade, Deputy Director: Discussed the proposed new housing construction near the Phoenix apartments. They are looking for funding for infrastructure - sidewalks, lighting, streets and drainage to assist with development costs. Ms. Mister indicated that DHA has 1500 households on their waking list for housing assistance. They discussed using a lease-purchase option for households to transition them into homeownership. Ms. Mister added that services would be available to these households. Page 55 Gracie · Buchanan: Supports funding for low to moderate-income housing with emphasis on housing rehabilitation. Needs to be more affordable housing built in the area. (Ms. Willie Garrett also supported this statement. There are those that fall through the cracks - they make too much to get Section 8 assistance and yet too little to afford adequate housing. Ms. Mister commented that the type of program DHA is proposing would serve that population. Council member Raymond Redmon mentioned the City's earlier new construction program and the two units built on Robertson Street. Group D Facilitator - Wendy Nails S andra · and Jimmy Cross: Drainage ditch on McKinney encompassing the creek, Bradshaw, and Rose St. needs to be cleaned and repaired. It is currently leaking raw sewage and presents a health hazard The bridge on Lehrman St. from Bradshaw to Rose is in need of repair. Public Park located at North Crawford & Davis Street to include children's playground equipment and Spanish/English language signs. Information in the Community Development Newsletter should be available to more citizens. Loraine Fowler: · Sidewalk installation on South Crawford Street from McKinney · Bus Shelter for the Span bus services at Sycamore and Bradshaw · Guard rails and warning signs on the curve of South Crawford in the 300 block. There has been damage to private property. Petrina Washington: · Pocket Park on the comer of North Wood and McKinney to include benches and decorative lighting as an entrance to the SE Denton neighborhood · Community Development Division Micro Enterprise Loan program could be improved by simplified forms and increased hands on training and information through the application process. · Denton Affordable Housing serves a small number of people and is not sufficient for the community needs. · The community needs to increase available jobs and job training resources in conjunction with affordable housing for a viable solution to the affordable housing problem Other Group Comments: · Sidewalk installation on the entire length of Kerley. School Bus services drop off children on this street. Page 56 · Sidewalks on Lakey from Duncan street due to the increased number of children using the street as a thoroughfare to the bus stop · Sidewalk at Lakey and Wilson due to the number of children using the intersection · Sidewalk on Paisley street from Frame · Sidewalk on Bradshaw All participants reconvened into a single group. Each group facilitator reported on the comments and priorities discussed by their group. Barbara Ross asked for any additional comments. Some participants indicated that childcare and affordable housing should be the priorities. Catherine Bell stated that daycare, after school care and some type of overnight childcare for those individuals who work at night is needed. Ms. Phillips stated that all programs should be accessible to everyone. Mr. Redmon restated his concern about households that can't afford to live in standard housing. He mentioned the elderly on SSI as a group that needs assistance. Attendees discussed the idea of other family members taking responsibility for a rehabilitated unit rather than the elderly resident. Raymond Redmon stated that he would like for Ms. Ross to look into Denton's ability to set up an empowerment zone. Ms. Mister stated that even with an Enterprise Community designation the City would get more points when applying for grants. Ms. Ross stated that staff previously looked at Denton's potential to receive a designation. It did not appear that the US Department of Housing and Urban Development was providing much in the way of incentives. She added that when all the 2000 Census data was available that staff would take another look. Mr. Redmon indicated that he wanted the neighborhood set up as an empowerment zone regardless of a HUD designation. He stated this would funnel more funding into the area. Other potential projects were: · Wilson and Hill repaving · Curb and gutter on Prairie · Gas line to Wye St. - one household has no gas · Better job training programs Comments from the surveys: · The micro lending program needs revamping. · Because of the changes in the school bus stops there is a need for a sidewalk on Kerley Street. · The use of vacant property toward building of homes for single-family living. · Need more funding for new construction in SE Denton. Money should go to nonprofits not for profit. The City should not "build" houses but provide $'s to agencies (N-profit). · Provide funding to DHA to replace Phoenix Apartments. · Additional childcare. Page 57 Community Development Public Hearing December 9, 2002 American Legion Hall Community Development Advisory Committee Members Present: Ed Touraine Community Development Staff Present: Gordon Meredith, Alma Espino and Luisa Rodriguez- Garcia Participants: Ambrocio Soto Reginald Logan Ramon Robles Domingo Perez Raymond Redmon Charles Alexander Luisa Rodriguez-Garcia welcomed everyone to the public hearing and introduced the Ed Touraine, Chairperson for the CDAC committee and staff. All the information provided at the public hearing was provided in Spanish and English. Attendees divided into two groups and discussed community needs. The following are comments from each group. Group A Facilitator - Luisa Rodriguez-Garcia and Gordon Meredith Ms. Rodriguez-Garcia reviewed program performance for the past two years and provided the status of capital improvement projects that had not yet begun. Mr. Logan asked how Sanger could request CDBG funds. Luisa Rodriguez-Garcia stated that Sanger would probably have to request funds from the State of Texas because of its population size. The group discussed the purpose and use of CD funding. Ms. Rodriguez-Garcia also reviewed with the group the eligibility requirements for a public improvement project versus housing and human services program. Reginald Logan: · Can CD funds be used on mobile homes for repairs? Gordon Meredith provided information on the Minor Repair Program and stated that mobile homes within the city of Denton were eligible for assistance. Charles Alexander: · Sidewalks on Wilson and Lakey. · Speed bumps on Kerley. · Support of MLK Therapeutic Program · Payphone at American Legion Hall. Council member Redmon mentioned that when the American Legion Hall was renovated, the existing phones were removed at the request of the neighborhood. Page 5 8 Raymond Redmond: · Sidewalks in Southeast Denton are an important need. · Curbs and gutters on Prairie Street in SE Denton. · Support funding for Boys and Girls Club at Fred Moore for daycare and after school care. · Support for faith based institutions in SE Denton for daycares. · Beautification of SE Denton. · Need an avenue or referral system for people that are barely making it financially. · Support the use of CDBG funds for distress neighborhoods to raise the standard of living. Group B Facilitator - AIma Espino Alma Espino reviewed program performance for the past two years and provided the status of capital improvement projects that had not yet begun. Domingo Perez: · Programs to educate on understanding medical bills. For example: He prepaid the hospital for his delivery of his child, yet he is still being billed. He would like to be further educated to understand. His insurance covered a portion and he prepaid the remainder. · Need for a speed hump on Peak Street near 1022 Peak. He added that cars are constantly racing other cars on the street. His son was almost run over the other day. He also added the need for more police in the area not only to help with the speeding cars, but with a problem house where parties are constantly held. · Need for GED classes in Spanish. He added that he is working to obtain his GED to qualify to work for the City of Denton. Ramon · · Robles: Need for a recreation center for Hispanics. Need for a speed hump on Kerley. He added that a speeding car had run over a person just recently. CD Staff mentioned that this project has previously been looked, but that the Fire Department felt it would only increase the EMS and Fire response time. Concerned and asked if we had any information regarding obtaining help for citizenship for children who have been here almost all their lives. For example there is an 11th grader who has been here since he was three. The family has obtained residency states for the father and is working on the mother and does not have the resources to pay for the child at this time. He is concerned with this child's continuing education. Would like a park for Hispanics. He added that he wanted a place where they wouldn't be run off from like North Lakes. A place where the police would not harass people. A place to have tournaments of soccer. Mr. Robles stated that he had problems renting the Civic Center and the park. He stated that Ken Washington has been helpful. He and over 200 people from San Rafael, Mexico, who live in the area, have formed a Foundation of San Rafael to help out their hometown. They hope to have a fair, something like Cinco de Mayo, to celebrate an important holiday from their town. The group feels that they have not been welcomed or treated fairly. Page 59 Concerns regarding the drainage ditch along the Minor Circle addition, next to 1011 Minor Circle. People in the surrounding neighborhoods park their vehicles in the circle and use the ditch to the house to get to the other neighborhoods. This happens at all hours of the day and sometimes the automobiles make it hard to get in and out of the Minor Circle Neighborhood. He would like it if the City would look into closing the area or providing a barrier so it will not be used as a walkway. Other Comments: Mr. Perez and Mr. Robles stated that they would like to see a place that would provide information on Life Insurance. They don't understand the process. Mr. Soto added that he needed help because he only had a Life Insurance policy that would pay if he died in an accident. Page 60 Community Development Public Hearing April 15, 2003 City Council Meeting - City Council Chambers Room The Denton City Council held a public hearing inviting citizens to comment on the City of Denton's 2003 Action Plan for Housing and Community Development. Ed Touraine, Chair of the Community Development Advisory Committee, presented the members of both the CDAC and HSAC committees. He indicated that he would answer any questions Council had regarding the committees recommendations. The Mayor opened the public hearing. The following individuals spoke during the public hearing: · Kae Fisher, 2601 W. Oak Shores Dr., Crows Road Texas 76227, spoke in favor of Denton Affordable Housing Corporation. · Sandra Benavides, 3008 Broken Bow, Denton Texas 76209, spoke in favor of the improvements to the Day Laborer's Site. · Suzanne Akins, 1216 Pin Oak Dr., Denton Texas 76209, spoke in favor of the Adjustment to Disabilities Group. · Lorraine Platt, 1021 Bayfield, Denton Texas 76209, spoke in favor of the Adjustment to Disabilities Group. · Peternia Washington, 618 E. Prairie, Denton Texas 76201, spoke concerning the review of funding for non-profit organizations. · Jane Prove from Denton Affordable Housing Corporation spoke in favor of the recommendations. · Linnie McAdams from Denton Affordable Housing Corporation spoke in favor of the recommendations. · Laura Williams, 1028 Springcreek Drive, Denton Texas 76210, spoke in favor of recommendations. · Guadalupe Salsedo spoke in favor of Denton Affordable Housing Corporation. · Princess Lister requested funding for the Walking Prayer Group. · Roy Anderson from Denton Affordable Housing Corporation spoke in favor of recommendations. The Mayor closed the public hearing. Council discussed not increasing the funding commitment from the general fund and the use of council contingency funds if Council wanted to increase funding to specific organizations or fund the funding of new organizations. Consensus of Council was to follow Option Two for funding scenarios. Page 61 Community Development 30-day Comment Period from 3/31/03 through 4/29/03 The following comments were received during the City of Denton's 30-day comment period: Mickey Saks called and stated the following about REACH's Disability Support Group: To consider continued funding. With the federal and state budget cuts from citizens that need the program the most, it is very important for the City Council to consider funding the disability support group. Received a letter from Monica Quiroz and stated the following: I'm a board member of REACH, Inc. and I would like to voice my support of REACH's Adjustment to Disability Support Group that has been funded by the City of Denton Human Services Advisory Committee through September 2003. If the funding for this program isn't funded through the City of Dentin in the next year the program will have to be discontinued. I would like to challenge you to find a way to continue this needed program. Many of the consumers involved in this group have no other resources available to help them adjust to their disability and the support that they received through this group is immeasurable. Received a letter from Anthony Arico and stated the following: Please don't cut the funding for Reach and the support group. I really like going there to talk about the issued that we face with disabilities and doing special projects. I also like doing craft there. Page 62 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: May 27, 2003 Parks and Recreation Department Howard Martin ~ SUBJECT Hold a public hearing and consider adoption of an ordinance graining approval of a sub- surface use of a portion of the Pebble Brook Open Space Park for the purpose of a utility easemem in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for a utility easemem; and providing an effective date. BACKGROUND The City of DeNon Municipal Utilities has requested the use of parkland for the purpose stated, in order to locate a sewer line. State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the Texas Parks and Wildlife Code requires that: (a) a municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determines that: (1) there is no feasible and prudent alternative to the use or taking of such lan& and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking. (b) .4 finding may be made only after notice and a hearing as required by this chapter." If the proposed utility easemem is allowed, a value must be placed on the 1402 linear foot section and charged to the Cities of Denton municipal utilities. In addition, land disturbed in the park will be returned to its original condition. Parks and Recreation Departmem and the City of Demon Engineering staff have reviewed all other possible alternatives. These alternatives included: · Select another route through the city that would by-pass the park area. A routing study was conducted. A normal gravity flow line curremly exists across the park area. There may not be another gravity flow route. · Permit the proposed routing of the sewer easemem across the park area by widening an existing easemem passing through the open space area. After review of options, it appears this one is the most prudem and cost effective way to provide a major gravity sewer line to this part of the city. OPTIONS Because alternatives to the easement are not feasible, the best option is to approve the use as presented or require the City of Denton to begin obtaining easements around the park and through adjacem property owners. RECOMMENDATION After reviewing all other alternatives, staff recommends approval of the use of the Pebble Brook Open Space Park for the public utility easemem. There would be no major impact on current park operations or programs. The Parks and Recreation Department confirms that the City of DeNon has investigated all other alternatives and has used reasonable planning to minimize harm to the land. ESTIMATED SCHEDULE OF PROJECT Construction is projected to begin in early summer 2003. PRIOR ACTION/REVIEW The Parks and Recreation Board recommended approval of this public utility easemem at a meeting on April 28, 2003. (See exhibit B, minutes) FISCAL INFORMATION Compensation related to this use is still under discussion with DeNon Municipal Utilities. It is reasonable to expect that improvements directly related to programs and/or facilities in the Pebble Brook Open Space Park will be provided. BID INFORMATION Not applicable EXHIBITS: 1. Ordinance 2. Map (Exhibit A) 3. Minutes (Exhibit B) Respectfully Submitted: Prepared by: Bob Tickner, Superintendent Parks and Recreation Department Ed Hodney, Director Parks and Recreation Department H:\Railtrail crossings and Chapter 26 reviewskCity Council Pebble Creek Sewer line Easement 5-27-03.doc ORDINANCE NO. AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF PEBBLE BROOK OPEN SPACE PARK ON LOOP 288 FOR THE PURPOSE OF A PUBLIC UTILITY EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A PUBLIC UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public land designated and used as a park may be used for a non-park purpose if the City Council finds after notice and hearing that there is no feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to minimize harm to the park resulting from such use; and WHEREAS, the City of Denton desires to improve public utility service to the City of Denton by constructing a sewer line 1,402 linear feet through the park; and WHEREAS, the City of Denton desires to provide thc public utility easement since alternative options would not be feasible and prudent; and WHEREAS, the City provided notice in the Denton Record Chronicle on May 4, 11, and 18, 2003 of a Public Hearing to be held on May 27, 2003 in the Council Chambers to consider the alternatives to the use of City Park for the sewer line project; and WHEREAS, the City Council on May 27, 2003 received testimony at a public hearing on the issues of no feasible and prudent alternative to the use of the property for the proposed project and that the project includes all reasonable planning to minimize harm to the Pebble Brook Open Space Park resulting from the public utility easement; and WHEREAS, the City Council finds that the project does not fall within the purview of Section 253.001 of the Texas Local Government Code; and WHEREAS, the City Council finds that there is no feasible and prudent alternative to the use of the park land and that the subject sewer line project includes all reasonable planning to minimize harm to the park as a result of the project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The public utility easement and temporary construction easement proposed by the City of Denton Municipal Utilities (the "Project") shall be constructed and maintained below the surface of the park property described in Exhibit A, which is attached hereto and made a part hereof for ali purposes, and that the surface of the park after installation of the sewer line be constructed in a manner so that the park land may still be used by its patrons after completion · of the Project in the same manner it was used prior to the Project. EXHIBIT 1 SECTION 2. A public utility easement shall be signed by the City Manager or his designee and approved by the City Attorney allowing the use of the park property for the Project as referenced above with appropriate provision to insure the improvements are constructed in accordance with City Subdivision Rules and Regulations; protects the patrons using the park from injury and damage both during and after construction of the Project; compensates for the reasonable market value of the use herein granted and generally protect the health, safety and general welfare of the City. SECTION 3. During construction of the Project, temporary use of such additional park land necessary to stage the construction of the improvements may be approved by the Director of Parks and Recreation Department. However, at the completion of the construction activities for the Project such additional park land shall be restored to the condition to which it existed prior to the beginning of such construction activities. SECTION 4. The rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City. SECTION 5. The findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: Page 2 of 2 PARCEL NO. 5 PECAN CREEK SANITARY SEWER INTERCEPTOR CITY OF DENTON EXHIBIT "A" PERMANENT SANITARY SEWER EASEMENT M.E.P. & P.R.R. CO. SURVEY, ABSTRACT NO. 927 DENTON COUNTY, TEXAs SITUATED in the City of Denton, Denton County, Texas and being a strip of land out of the M.E.P. & P.R.R. Co. Survey, Abstract No. 927 and being out of Lot 2, Block A of Pebble Brook Addition, being an addition to the City of Denton according to the plat recorded in Cabinet 0-265, Slide 0982A of the Plat Records of Denton County, Texas (P.R.D.C.T.), said strip of land being herein described as a proposed variable width Permanent Sanitary Sewer Easement and being herein more particularly described by metes and bounds as follows: BEGINNING at a point on the westerly property line of the said Lot 2 and on the easterly right-of- way line Loop 288; said point being located South 1 degree 06 minutes 02 seconds East 260.48 feet and South 00 degrees 47 minutes 02 seconds West 15.15 feet from the most westerly northwest property corner of the said Lot 2; THENCE, North 88 degrees 20 minutes 39 seconds East 25.95 feet to a point; THENCE~ South 1 degree 39 minutes 21 seconds East. 19.30 feet to a point; THENCE, North 87 degrees 10 minutes 47 seconds East 890.39 feet to a point; THENCE, North 85 degrees 51 minutes 04 seconds East 485.00 feet to a point on the easterly property line of the said Lot 2 and on the Westerly property line of Lot 8, Block 1 of Golden Triangle Industrial Park, Phase VI being an addition to the City of Denton according to the plat recorded in Cabinet N, Slide 226 of the P.R.D.C.T.; THENCE, South 00 degrees 29 minutes 58 seconds West, a/ong the said property lines, 24.78 feet to a point on the northerly edge of an existing 26 foot wide easement recorded in VOlume 485, Page 219 of the Deed Records of Denton County, Texas; THENCE, South 86 degrees 29 minutes 06 seconds West, along the said edge of the existing easement, 501.01 feet to a point; THENCE, South 86 degrees 46 minutes 35 seconds West, continuing along the said edge of the existing easement, 901.31 feet to a point on the said westerly property line of Lot 2 and the said easterly right-of-way line of Loop 288; THENCE, North 00 degrees 47 minutes 02 seconds East, along the said property line and right-of-way line, 45.82 feet to the POINT OF BEGINNING. The proposed Permanent Sanitary Sewer Easement being tlerein described contains 0.7345 acres (31,993 square.feet) of land. I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND AccuRATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Associates, Inc. au.n Spooner f Registered Professional Land Surveyor, Texas No. 4183 Date of Survey: 1-21-03 PARCEL NO. 5 PECAN CREEK SANITARY SEWER INTERCEPTOR CITY OF DENTON TEMPORARY CONSTRUCTION EASEMENT M.E.P. & P.R.R. CO. SURVEY, ABSTRACT NO. 927 DENTON COUNTY, TEXAS SITUATED in the City of Denton, Denton County, Texas and being a strip of land out of the M.E.P. & P.R.R. Co. Survey, Abstract No. 927 and being out of Lot 2, Block A of Pebble Brook Addition, being an addition to the City of Denton according to the plat recorded in Cabinet 0-265, Slide 0982A of the Plat Records of Deuton County, Texas (P.R.D.C.T.), said strip of land being herein described as a proposed variable width Temporary Construction Easement and being herein more particularly described by metes and bounds as follows: BEGINNING at a point on the westerly property line of the said Lot 2 and on the easterly right-of- way line Loop 288; said point being located South 1 degree 06 minutes 02 seconds East 260.48 feet and South 00 degrees 47 minutes 02 seconds West 15.1'5 feet from the most westerly northwest property comer of the said Lot 2; THENCE, North 00 degrees 47 minutes 02 seconds East, along the said property line and right-of-my line, 15.15 feet to a found right-of-way monument; THENCE, North 1 degree 06 minutes 02 seconds West, continuing along the said property and right- of-way line, 15.07 feet tO a point; THENCE~ North 87 degrees 10 minutes 47 seconds East 913.96 feet to a point; THENCE, North 85 degrees 51 minutes 04 seconds East 91.53 feet to a point: THENCE, South 4 degrees 08 minutes 56 seconds East 40.00 feet to a point; . THENCE, North 85 degrees 51 minutes 04 seconds East 32.44 feet to a point: THENCE, North 4 degrees 08 minutes 56 seconds West 40.00 feet to a point; THENCE, North 85 degrees 51 minutes 04 seconds East 364.68 feet to a point on the easterly property line of the said Lot 2 and on the westerly property line of Lot 7, Block I of Golden Triangle Industrial Park, Phase VI being an addition to the City of Deuton according to the plat recorded in Cabinet N, Slide 226 of the P.R.D.C.T.; THENCE, South 00 degrees 49 minutes 29 seconds West, along the said property lines, 28.67 feet to a ½" iron rod found at the northwest property corner of Lot 8, Block 1 of the said Golden Triangle Industrial Park; THENCE, South 00 degrees 29 minutes 58 seconds West, along the said easterly property line of Lot 2 and along the westerly property line of the said Lot 8, 21.51 feet to a point; THENCE, South 85 degrees 51 minutes 04 seconds West 485.00 feet to a point; THENCE, South 87 degrees I0 minutes 47 seconds West 890.39 feet to a point; THENCE, North 1 degree 39 minutes 21 seconds West 19.30 feet to a point; THENCE, South 88 degrees 20 minutes 39 seconds West 25.95 feet to the POINT OF BEGINNING. The proposed Temporary Construction Easement being herein described contains 1.5679 acres (68,296 square feet) of land. I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Associates, Inc. Shaun ~poon~ry' - . Registered Professional Land Surveyor, Texas No. 4183 Date of Survey: 1-21-03 SURVEY: M,E.P. &: P,R,R. CO,, A-927 EASEMENT AREA: PARCEL NO,... 5 LOCATION: DENTON. DENTON CO.. TEXAS PERMANENT: 0,7,.345 AC. TEMPORARY: 1.5679 AC, DRAWING, OF EXHIBITS' "A" ' ~"] ~. (~3.DEN 'I~IN, iCt,I[LOT 8,1Ni)U$.iEiAL . LOT 7 c,~. N, S00'49'29"W S00'29'58"W L P.R.O.C.T, CAB. 0-265, SLIDE 0982A I h.,'"~- , '~ CITY OF DENTON PARK ~ EXHIBIT "A" I ~ PROPOSED VARIABLE WiDTH ~~t PERU^N"'NT S^HIT^R',' SEWER "'^S~:~E.T r'--: I o.7~45 Ac. (31,~,,~ s0. FT.) , PROPOSED VARIABLE W1DTH ~'. I TEMPORARY CONSTRUCTION EASEMENT'-'------~'"k.~ - I 1.5679 AC. (68,296 SQ. FT.) ~ I ONE PEBBLE BROOK LTD ~, GRAPHIC SCALE IN FEET PEBBLE BROOK ADDITION ' "~CAB. 0-265, SUDE 0982A ~F, i ~ P.R.D.C.T. ,,, ilt, EXISTING 26' EASEMENT \ ~ l-t \ VOL. 485, PG. 219 t I/--NOO'47'O2"E 45.82' !, %. ~,o~ Ngs'20'.3g"E 25.95' i LOOP 288 P.O.B. EXHIBITS "A" &: PECAN CREEK SANITARY SEWER INTERCEPTOR SANITARY SEWER EASEMENT CITY OF DENTON 215 E. McKINNEY DENTON., TEXAS 76201 SPOONI~t{ &: .ASSOC. 7,~7' CO~NENTAL TR. ~ATE OF SU~: ¢"-21-03 REGISTERED PROFESSIONAL NORTH RICHLAND HILLS, TEXAS S,~ JOB NO. 1118-,4--.02 LAND SURVEYORS 76180 817-281-2355 ACAD Free 1118-PECAN-ESMT II IIIIII III Ill Exhibit A Proposed Pebble Brook Open Space Park Sewer Easement nts Pebble Brook Open Space, Park merit Patios, Recreation and Beautification April 28, 2003 Minutes Members present: Don Edwards, Dalton Gregory, Geri Aschenbrenner, Dale Yeatts, Cassandra Berry, and Teresa Andress. Staff present: Ed Hodney, Janet Simpson, Bob Tickner, and Emerson Vorel. Guest: Ed and Carol Soph. Chairman Don Edwards called the meeting to order at 6:00 p.m. Awards and Recognition - Ed announced that the Parks and Recreation Department is a National Gold Medal Finalist for the fourth consecutive year. Ed commended the work that the Parks Maintenance division did at the Denton Arts and Jazz Fest. Approval of Minutes of March 24, 2003. Dale made a motion to approve the March minutes with the following correction: Geri Aschenbrenner was present at the meeting. Geri seconded the motion and it passed unanimously. ACTION ITEMS Pebble Brook Open Space Park Public Sewer Line Easement. Bob discussed the use of parkland for the purpose of a utility easement to locate a sewer line. Bob said after reviewing all other alternatives, staff recommended approval of the use of the Pebble Brook Opens Space Park for the public utility easement. Dalton Gregory made a motion to approve the recommendation and Geri Aschenbrenner seconded the motion. The motion passed unanimously. OnCor (TXU) Electric Line Crossing Denton Branch Rail Trail. Bob discussed the installation of an overhead electric line in accordance with Chapter 26 of the Texas Parks and Wildlife Code. Bob said after reviewing all alternatives, staff recommends an annual license agreement with specific conditions for an overhead electric line crossing to be authorized on the Denton Branch Rail Trail to meet all American Railway Engineering and Maintenance of Way standards. Cassandra Berry asked why use overheads. Bob said too costly to go underground. Dalton Gregory made a motion to approve the recommendation and Teresa Andress seconded the motion. The motion was approved unanimously. DISCUSSION ITEMS FY 03-04 Budget Proposal. Ed said that the budget discussion would be a standing agenda item to discuss any issues with the Board. Board Terms and Election of Officers. Ed said that Council would be making board appointments in July for the members' whose term will have expired. Ed said that Don Edwards and Dalton 1 EXHIBIT B Gregory will have fulfilled their board appointment and that Cassandra Berry and Teresa Andress were eligible for reappointments. The other board members present terms had not expired. DIRECTOR'S REPORT Discuss Plans to Mitigate Potential Effects from CCA-Treated Wood at Eureka Playground. Emerson discussed the contact made to the department by citizens concerned about the use of Chromated Copper Arsenate (CCS) on the city's playgrounds. Emerson discussed the recent studies that shown that over time it is possible for arsenic to leach out of the lumber into the ground and arsenic can be picked up on the skin by touching treated lumber. The board had several questions about the actual risks. Ed Soph shared with the board his concerns and stated his opinion that the playground should be closed or a warning sign posted until the issue is resolved. Ed told the board that they would be informed of the City's response and action. Aquatic Center Status. Janet gave an update on the status of the construction, staffing and marketing at the Aquatic Center. Project Status Report. Ed said he would respond to any questions the Board may have. There were no questions. Keep Denton Beautiful Report. There were no comments or questions regarding the report. OTHER ITEMS Schedule Meeting Date for May. Ed asked the Board which date they would like to meet since the next regularly scheduled meeting would fall on Memorial Day. The Board decided to meet on May 19~h. There being no further business, the meeting was adjourned at 7:14 p.m. 2 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET May 27, 2003 Planning & Development Jon Fortune, Public Safety and Transportation Operations SUBJECT A03-0001 (Teasley Lane High School) Hold the second of two public hearings to consider the volumary annexation and service plan for approximately 67.69 acres of land generally located north and east of Teasley Lane (FM 2182) and west of Blue Bonnett in the southeastern section of the City of Denton extraterritorial jurisdiction (ET J). The Planning and Zoning Commission recommends approval (5-0). BACKGROUND Applicam: DeNon Independem School District (DISD) Demon, TX A volumary annexation proceeding is being considered by the City of DeNon for the Teasley Lane High School annexation. In accordance with the City's annexation policy plan, approved in June 1993, the City will "access on a case by case basis" the annexation of areas in the ETJ when significam developmems are proposed. On January 27, 2003, Bill Coleman, Coleman and Associates Land Survey, on behalf of the DeNon Independem School District (DISD), submitted a petition for voluntary annexation. The majority of the subject property is located in the extraterritorial jurisdiction and is not zoned at this time. The property is undeveloped at this time. Construction of a public high school is proposed. The Comprehensive Plan idemifies this property to be within the "Neighborhood Cemers". OPTIONS 1. Maimain land area. 2. Delete land area. 3. Amend Service Plan. 4. Deny. RECOMMENDATION The Planning and Zoning Commission recommends approval of the annexation request. (5-0, Holt and Powell absent). ESTIMATED PROJECT SCHEDULE The annexation process will be completed by July 22, 2003 (see Attachmem 3). PRIOR ACTION/REVIEW Application Date 1 st CC Public Hearing P&Z Public Hearing 2nd CC Public Hearing January27,2003 May13,2003 May14,2003 May27,2003 FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. will require no short-term public improvements that are the responsibility of the city. ATTACHMENTS 1. Service Analysis 2. Location Map 3. Annexation Schedule 4. Draft Annexation Service Plan 5. May 14, 2003, Planning and Zoning Commission Minutes It Prepared by: Chris D. Hatcher Planner II Planning and Development Respectfully submitted: AICP, RLA Assistant Director Planning and Development ATTACHMENT 1 Service Analysis by Department Police. Estimated average response time for this area based on currem departmem conditions: Priority.__ 5.6 minutes Non-priority 8.11 minutes Average. 6.82 minutes Appropriate average response time in the city based on current department conditions: Priority 5 - 6 minutes Non-priority 9 - 11 minutes Average. 7 - 10 minutes A school resource officer (SRO) staffs all high school within the DeNon Police Departmem jurisdiction. Provided that an SRO staffs this school, the listed response times would not apply during school hours. During those times when school is not in session, or when the SRO is not present on campus, the listed response times apply. There is the potential for some additional police related activity from the surrounding neighborhoods due to the increase in traffic flow to and from the school. In addition, depending on the design of the school grounds (fencing, etc) there is a possibility of an increase in criminal activity in those residemial neighborhoods adjacem to the school property. Engineering and Transportation. The following roads will be impacted by the proposed annexation and developmem in terms of needed improvemems or upgrades: Name and location Teasley Lane Old Alton Road Type of Improvemem Approximate Cost Widening unknown Widening unknown Teasley Lane will be upgraded from a two lane to a four-lane highway. Construction timeline is unknown at this time. TX DOT will fund this improvement. Note that Old Alton Road is curremly not within the City Limits. Additional equipmem and facilities needed as a specific result of this annexation and development are right and left turn pockets at all driveways, a possible traffic control signal at Teasely and the main emrance, a traffic control signal at Teasley/Old Alton and at Teasley Robinson Rd. DISD will be responsible for all cost associated with the design and installation of all of right/left tums for each driveway; all costs associated with the design and (when it meets warrants), installation of the traffic control signal at the main entrance; participation costs of the design and installation of the signals at Teasley/Robinson and Teasley/Old Alton Fire. Fire Station 6, located at 3232 Teasley Lane, will service this area. The estimated response time for this area is 3 minutes. No additional facilities, equipmem, or personnel is needed as a result of this annexation. Parks and Recreation. CurreNly, there are no city parks within the proposed annexation. The closest DeNon Parks property to the proposed annexation area are Cross Timbers Park, 1.33 miles, Briercliff Park, 2.36 miles, and South Lakes Park, 3 miles and Ryan Road South Community Park, 2 miles. CurreN resideNs will be able to use existing City of DeNon parks, facilities and programs. The 2000 Park and Recreation Master Plan indicates a need for community and neighborhood parks in this general area. Service standards for neighborhood and community parks are as follows: Service Standards: Neighborhood Parks: 2.5 acres per 1,000 population (to be dedicated at time of developmenO $ acres minimum size. (by developer) cost per acre. Community Parks: 3. 0 acres per 1, 000 population 30 acres minimum If additional park facilities are developed to serve this area, $172,700.00 in additional funding and 2 new staff members will be needed to properly serve this area. Denton Parks and Recreation Department will attempt to coordinate placement of park facilities adjaceN to school property or develop join use agreemeNs. Library. There is no direct impact of this annexation and proposed developmeN on library services. ANicipated service demands can be met using existing materials, facilities and personnel. Solid Waste. ResideNial and commercial solid waste services are available to the proposed area. waste services must be requested. Solid Water. Maintenance of water facilities in the area to be annexed that are not within the service area of another water utility will begin upon the effective date of the annexation using existing personnel and equipmeN. CurreNly, the area to be annexed is within the Certificate of Convenience and Necessity (CCN) of the City of DeNon and is served by water lines located along the boundaries of the annexation area. Existing Water service is not adequate for the proposed usage. The developer will extend any necessary in accordance with the DeNon DevelopmeN Code. The City shall provide a level of water service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maiNenance available in other parts of the city with topography, land use, and population density similar to those reasonably coNemplated or projected in the area. Waste Water. MaiNenance of wastewater facilities in the area to be annexed that are not within the service area of another wastewater utility will begin upon the effective date of the annexation using existing personnel and equipmem. Curremly, the area to be annexed is within the Certificate of Convenience and Necessity (CCN) of the City of DeNon and is served by wastewater lines located along the boundaries of the annexation area. Existing wastewater service is not adequate for the proposed usage. The developer will extend any necessary in accordance with the DeNon Developmem Code. The City shall provide a level of wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maimenance available in other parts of the city with topography, land use, and population density similar to those reasonably comemplated or projected in the area. Drainage. Since the Comprehensive Plan designates this area as Neighborhood Cemers, denser developmem patterns are allowed. Dense developmems usually result in increased impervious cover. Mitigation measures may be needed to address drainage. The Environmemally Sensitive Areas (ESA) map shows a stream buffer area traversing the property from the northwest to southeast. This portion of the property may be affected by the 100-year floodplain. The stream buffer area shall remain natural and not be disturbed per the Denton Development Code and Drainage Criteria Manual. 100-year water surface elevations shall not increase as a result of any reclamation of the floodplain. Other floodplain criteria will apply. DISD is proposing to improve the unstudied floodplain and has submitted a CLOMR to the City for Review. No improvemems will occur inside the floodway or the 100 foot ESA buffer with the exception of 1 private road crossing, 1 pedestrian bridge, and a detemion pond. Electric. DeNon Municipal Electric (DME) has an existing main line in the FM 2181 right-of-way along the property boundary. Transformers and specific lines to provide electric service to the customer is all that would be required. DME is currently working with the Architect and engineers designing the new high school on how to provide electric service to the school. Note that the new Teasley Substation at FM 2181 and Hickory Creek Road is almost complete. ATTACHMENT 2 Location Map A03-0001 (Teasley Lane High School) NORTH SITE LOCATION MAP Scale: None ATTACHMENT 3 ANNEXATION SCHEDULE FOR Teasley Lane High School Annexation Tuesday, May 13, 2003 City Council conducts first public hearing Wednesday, May 14, 2003 Planning and Zoning Commission public hearings - make a recommendation to City Council regarding the proposed annexation and the proposed zoning. Tuesday, May 27, 2003 City Council public hearing conducts second Tuesday, June 17, 2003 First reading of annexation ordinance - City Council by a 4/5th vote institutes annexation proceedings. Tuesday, July 22, 2003 Second reading and adoption of annexation ordinance and public hearing for zone change request- City Council by a 4/5th vote takes final action on annexation. City Council by simple majority vote takes final action of zone change request. ATTACHMENT 4 CITY OF DENTON DRAFT SERVICE PLAN FOR A03-0001 (Teasley Lane High School) I. AREA ANNEXED The annexation area is located in the southeastern portion of Denton's Extraterritorial Jurisdiction and comains approximately 67.69 acres generally located north and east of Teasley Lane (FM 2181) and west of Blue Bonnett. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Governmem Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maimenance available in other parts of the city with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES Ae Police Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipmem. If annexed and developed as proposed, additional personnel and equipmem will be needed. Code enforcemem and animal comrol services will also be provided to the property upon the effective date of the annexation. Be Fire Protection Fire protection (within the limits of existing hydrams) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 5 minutes, which is similar to responses for surrounding properties within the city limits. The City of DeNon will provide emergency medical services ("EMS"). Ce Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of DeNon and/or DeNon County shall be maimained by the City of DeNon on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic comrol devices will be maimained by the City of DeNon on the effective date of the annexation. De Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are curremly located within the proposed annexation area. DeNon neighborhood me Fe Ge park facilities are located within reasonably close distance of the proposed annexation area. Residems of the proposed annexation area will be able to use existing City of DeNon park and recreation facilities and programs. Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maimained throughout the city. Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maimained throughout the City. Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of the City of Demon. Planning and Development Services Planning and developmem services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land developmem regulations. City Council adopted The DeNon Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tracts comain Neighborhood Cemers and 100 year Floodplain/ Environmemally Sensitive Areas. The DeNon Plan designates future land uses to manage the quality and quamity of growth by organizing the land use patterns, by matching land use imensity with available infrastructure, and by preserving floodplains as environmemal and open space corridors. The DeNon Plan will be used as a basis for final zoning classifications after the properties are annexed. IV. UTILITY (RATEPAYER) SERVICES Ae Solid Waste Collection The City of DeNon is the exclusive residemial and commercial Solid Waste service provider within DeMon's city limits. The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City. The City of Demon Solid Waste Departmem is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. To request Solid Waste collection services, please telephone the City of DeNon Customer Service Department at 940-349-8210 and submit an application to initiate service. To obtain City of DeNon Solid Waste schedule, service, and rate information, please telephone the Solid Waste Customer Relations office at 940-349-8420. Commercial customers are required to complete and submit a Service Agreemem to Solid Waste Customer Relations prior to commencing service. Residemial Comainerized Refuse Service Each residemial address will be provided a 96-gallon wheeled refuse cart, which will be serviced one time per week. Residems are required to place their refuse cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb for collection no earlier than 6:00 p.m. the evening prior to their collection day. Carts are to be removed from the curb no later than 6:00 a.m. on the day following their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. Smaller carts are available for a lower monthly charge. Weekly brush service is provided. Residemial Curbside Recycling Service Curbside recycling services are provided to all residemial solid waste service customers. Commercial Refuse Service Each commercial business will be provided with a commercial comainer(s), which are available in a variety of sizes and frequencies of collection, based on the waste generated. All refuse placed in the comainer for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the comainer with the lid closed will not be collected. Refuse placed outside the comainer is subject to code enforcement regulations, including potential fines. Landfill Service The City of DeNon Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For information regarding disposal charges, call the Landfill Office at 940-349-7510. Water/Wastewater Facilities Maimenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will begin upon the effective date of the annexation using existing personnel and equipment. Currently, the area to be annexed is within the Certificate of Convenience and Necessity (CCN) of the City of DeNon and is served by water and wastewater lines located along the boundaries of the annexation area. Existing Water service is not adequate for the proposed usage. The developer will extend any necessary water and wastewater infrastructure in accordance with the DeNon Developmem Code. The City shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maimenance available in other parts of the city with topography, land use, and population density similar to those reasonably comemplated or projected in the area. 10 Ce Drainage Services Drainage maimenance will be provided to the property upon the effective date of the annexation. The City shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maimenance available in other parts of the city with topography, land use, and population density similar to those reasonably comemplated or projected in the area. We VI. D. Electrical Services Denton Municipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maimained throughout the city. DeNon Municipal Electric is the currem electric service provider for this site. OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably comemplated or projected in the area. CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is comemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land use, and population density. Thus, no construction of public improvemems is comemplated as a result of this annexation that would begin within two and a half (2 lA) years after the effective date of the annexation. The City shall consider construction of other public improvemems as the needs dictate on the same basis as such public improvemems are considered throughout the City for areas having similar characteristics of topography, land use, and population density. WlI. Will. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if differem characteristics of topography, land use, and population density are considered a sufficiem basis for providing differem levels of service. TERM This service plan shall be valid for a term of ten (10) years. shall be at the discretion of City Council. Renewal of the service plan 11 IX. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). 12 DRAFT MINUTES ATTACHMENT 6 CondenseltTM Page 12t 1 COMMISSIONER APPLE: The final item on OUr 2 Agenda this evening is a public hearing. And Mr. 3 Reich_hart will present. I'll open the public hearing. 4 MR. REtCFIFIART: My presentation has changed 5 so I'm lost. 6 COMMISSIONER APPLE: oh, no. Mr. 7 Reichhart's lost. g MR, REICHHART: we'll do this the 9 old-fashion way. The subject property that we're looking 10 at is the proposed site for the new high school on Teasley 11 Lane. Here's Teasley. The frontage is already in the 12 City. We're looking at this parcel. The school district 13 has submitted a voluntary annexation petition. We had the 14 first public hearing at City Council. This is the 15 required hearing at the Planning and Zoning Commission on 16 the annexation. We are also having a public hearing for 17 the zoning. We will need two separate motions on that. 18 We're recommending the annexation move forward. 19 In your backup you have a schedule. I 20 think the anticipated -- was near thc end of July when the 21 final reading of the annexation would take effect. We are ;22 also recommending that the property is zoned NR-2 :~23 neighborhood residential two upon annexation. With that, 24 I'd answer any questions you have have. 25 COMMISSIONER APPLE: Thank you. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 123 COMMISSIONER APPLE: We have a motion and a second. Any discussion? Vote, please. Motion carries 5-0. Now, we'll address the second part of that Agenda Item. Commissioner Mulroy. COMMISSIONER MULROY: Yes. Madam Chair, I propose to approve the zoning as presented. COMMISSIONER APPLE: I'll second. Any discussion? Vote, please. Motion carries 5-0. COMMISSIONER APPLE: Are them any items of business for future Agendas? We are adjourned. Page 122 1 Commissioner Roy. 2 COMMISSIONER ROY: Larry, could you show me 3 the proposed route for 2499 versus this site? 4 Ma. REICHHART: Perhaps, Mr. Salmon could 5 identify it. I'm a little bit more familiar when it comes 6 up here. But I think it's off to this side more, 7 Ma. SALMON: close enough. 8 COMMISSIONER ROY: okay. Thank you. 9 MR. REIeHH~T: Approximately right there. 10 COMMISSIONER APPLE: commissioner Mulroy. 11 COMMISSIONER MULROY: ! lost track. Did 12 you close the public hearing? 13 COMMISSIONER APPLE: NO. Actually we 14 haven't even seen if there's anyone coming down to address 15 it. Do you not trove a question? 16 COMMISSIONER MULROY: NO. I'm ready to 17 move. 18 COMMISSIONEi~ APPLE: Hold that thought. Is 19 there anyone in the audience who wishes to address this 20 Agenda Item? Seeing no one coming forward, I'll close the 21 public hearing. Cmmnissioner Mu[roy. 22 COMMISSIONER MULROY: YeS. Thanks, Madam 23 Chair. I move to approve the proposed annexation as 24 presented. 25 COMMISSIONER ROY: second. PLANNING AND ZONING COMMISSION MAY 14, 2003 Page 12I - Page 123